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Full text of "Code of laws of South Carolina 1952, Annotated"



-J I 5"^ i^^kttf-^ -i^O^nujtijL- / 



CODE TITLES WITH THEIR VOLUME NUMBERS 



Volume 1. 

1. Administration of the Government. 

2. Aeronautics. 

3. Agriculture. 

4. Alcohol and Alcoholic Beverages. 

5. Amusements and Athletic Contests. 

6. Animals. 

7. Appeals. 

8. Banking, Commercial Paper and Fi- 

nance. 

9. Boards and Commissions. 

10. Civil Remedies and Procedure. 

11. Contracts and Agency. 

12. Corporations. 

Volume 2. 

13. Cotton. 

14. Counties. 

15. Courts. 

16. Crimes and Offenses. 

17. Criminal Procedure. 

18. Dams and Drains ; Sanitary and 

Drainage Commissions and Dis- 
tricts. 

19. Decedents' Estates. 

20. Domestic Relations. 

Volume 3. 

21. Education. 

22. Educational Institutions. 

23. Elections. 

24. Electricity. 

25. Eminent Domain. 

26. Evidence. 

27. Fees and Costs. 

28. Fish, Game, etc. 

29. Forestry. 

30. General Assembly. 

31. Guardian and Ward. 

32. Health. 

Volume 4. 

33. Highways, Bridges and Ferries. 

34. Homestead and Other Exemptions. 

35. Hotels, Boarding Houses, Restaurants 

and Tourist Camps. 



36. Housing and Redevelopment. 

37. Insurance. 

38. Juries and Jurors in Circuit Courts. 

39. Jurisdiction of State and United 

States. 

40. Labor and Employment. 

41. Landlord and Tenant. 

42. Libraries. 

43. Magistrates and Constables. 

44. Military, Civil Defense and Veterans' 

Affairs. 

45. Mortgages and Other Liens. 

46. Motor Vehicles. 

Volume 5. 

47. Municipal Corporations. 

48. Names. 

49. Notaries Public and Commissioners 

of Deeds. 

50. Officers and Employees. 

51. Parks and Playgrounds. 

52. Partnerships and Joint Stock Com- 

panies. 

53. Peace Officers. 

54. Ports and Maritime Matters. 

55. Prisons and Other Methods of Cor- 

rection. 

56. Professions and Occupations. 

57. Property and Conveyances. 

58. Public Service Companies. 

Volume 6. 

59. Public Works and Certain Public Au- 

thorities. 

60. Registration and Recordation. 

61. Retirement Systems. 

62. Securities. 

63. Soil Conservation and Improvement. 

64. Sundays, Holidays and Other Special 

Days. 

65. Taxation. 

66. Trade and Commerce. 

67. Trusts and Fiduciaries. 

68. Unemployment Compensation. 

69. Warehouses. 

70. Waters and Watercourses. 

71. Welfare. 

72. Workmen's Compensation. 



Digitized by the Internet Archive 

in 2011 with funding from 

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CODE OF LAWS 

OF 

SOUTH CAROLINA 

1952 



IN EIGHT VOLUMES 



ANNOTATED 



Prepared under the supervision and direction of the 
Code Commissioner and the Committee on Statutory 
Laws of the General Assembly of South Carolina 



VOLUME 3 



THE MICHIE COMPANY 
Charlottesville, Va. 

THE LAWYERS CO-OPERATIVE PUBLISHING CO. 

Rochester, N. Y. 

1952 



Copyright 1952 

by 

The State of South Carolina 



Table of Contents 



VOLUME 3 



Title 21. 
Education. 

Chapter Page 

1. General Provisions, §§ 21-1 to 21-7 

2. State Superintendent of Education, §§21-21 to 21-27 4 

3. State Board of Education, §§ 21-41 to 21-47 6 

3.1. State Educational Finance Commission, §§21-52 to 21-r8 

4. County Superintendents of Education, §§ 21-61 to 21-91 11 

5. County Boards of Education, §§ 21-101 to 21-105 19 

6. School Districts, §§21-111 to 21-197 21 

7. School Trustees, §§ 21-221 to 21-243 27 

8. State Aid for Schools, §§ 21-251 to 21-290 34 

9. School Buildings, §§ 21-301 to 21-321 45 

10. Teachers, §§ 21-351 to 21-396 50 

11. Subjects of Instruction, §§ 21-411 to 21-423 57 

12. Textbooks, §§ 21-451 to 21-591 60 

13. Special Types of Schools or Instruction, §§ 21-601 to 21-717 81 

14. Pupils, §§' 21-751 to 21-873 94 

15. Financial Matters, §§21-901 to 21-1000.3 115 

16. Abbeville County, §§ 21-1001 to 21-1002 138 

17. Aiken County, §§21-1031 to 21-1095 139 

18. Allendale County, §§ 21-1 101 to 21-1 127 147 

19. Anderson County, §§ 21-1151 to 21-1236 151 

20. Bamberg County, §§ 21-1251 to 21-1252 164 

21. Barnwell County, §§21-1351 to 21-1361 165 

22. Beaufort County, §§ 21-1401 to 21-1425 167 

23. Berkeley County, §§ 21-1451 to 21-1531 172 

24. Calhoun County, §§ 21-1551 180 

25. Charleston County, §§ 21-1601 to 21-1687 180 

26. Cherokee County, §§ 21-1701 to 21-1774 195 

27. Chester County, §§ 21-1801 to 21-1816 203 

28. Chesterfield County, §§ 21-1851 to 21-2025 207 

29. Clarendon County, §§21-2051 to 21-2076 226 

30. Colleton County, §§ 21-2171 to 21-2189 230 

31. Darlington County, §§ 21-2252 to 21-2302 234 

iii 



iv Code of Laws of South Carolina 

Chapter Page 

32. Dillon County, §§ 21-2351 to 21-2459 237 

33. Dorchester County, §§ 21-2510 to 21-2538 246 

34. Edgefield County, §§21-2551 to 21-2555 252 

35. Fairfield County, §§ 21-2577 to 21-2619 253 

36. Florence County, §§ 21-2651 to 21-2659 257 

37. Georgetown County, §§ 21-2721 to 21-2785 259 

38. Greenville County, §§ 21-2803 to 21-2837 267 

39. Greenwood County, §§ 21-2901 to 21-2925 270 

40. Hampton County. §§ 21-2952 to 21-2982 272 

41. Horry County, '§§ 21-3053 to 21-30S2 276 

42. Jasper County, §§21-3102 to 21-3111 280 

43. Kershaw County, §§ 21-3151 to 21-3179 282 

44. Lancaster County, §§ 21-3201 to 21-3293 289 

45. Laurens County, §§21-3302 to 21-3306 297 

46. Lee County, §§ 21-3351 to 21-3364 298 

47. Lexington County, §§21-3401 to 21-3434 300 

48. Marion County, '§§ 21-3451 to 21-3478 306 

49. Marlboro County/ §§ 21-3501 to 21-3524 309 

50. McCormick County, §§21-3551 to 21-3553 315 

51. Newberry County. '§§ 21-3599 to 21-3622 316 

52. Oconee County, §§ 21-3662 to 21-3685 317 

53. Orangeburg County, §§ 21-3701 to 21-3718 320 

54. Pickens County, § 21-3802 324 

55. Richland County, §§ 21-3851 to 21-3023 324 

56. Saluda County, §§ 21-3951 to 21-3967 334 

57. Spartanburg County, §§21-4001 to 21-4031 337 

58. Sumter County, §§ 21-4051 to 21-4077 343 

59. Union County, §§ 21-4151 to 21-4175 348 

60. Williamsburg County, §§ 21-4201 to 21-4267 352 

61. York County, §§ 21-4302 to 21-4416 361 

Title 22. 
Educational Institutions. 

1. General Provisions, §§ 22-1 to 22-13 375 

2. Scholarships, §§ 22-51 to 22-56 378 

3. The University of South Carolina, §§ 22-101 to 22-120 380 

4. The Clemson Agricultural College of South Carolina, §§ 22-201 to 

22-279 385 

5. The Citadel, §§ 22-302 to 22-315 394 

6. The Medical College, §§ 22-351 to 22-364 398 

7. Winthrop Colleger §§ 22-401 to 22-412 401 

8. Institution for Deaf and Dumb and Blind, §§22-451 to 22-460 404 

9. John De La Howe School, §§ 22-501 to 22-514 406 

10. Colored Normal, Industrial, Agricultural and Mechanical College of 

South Carolina, §§22-551 to 22-557 409 



Table of Contents v 

Title 23. 
Elections. 

Chapter Page 

1. General Provisions, §§ 23-1 to 23-6 413 

2. Qualifications and Registration of Electors, §§23-51 to 23-118 .... 415 

3. Polling Precincts and Voting Places, §§ 23-153 to 23-218 431 

4. Political Parties; Committees, Conventions, Nominations Other 

Than by Primary, etc., §§ 23-251 to 23-266 456 

5. Conduct of Elections, §§ 23-301 to 23-388 461 

6. Voting Machines, §§ 23-401 to 23-433 483 

7. Canvass of Votes and Certificates and Records of Results, §§ 23-451 

to 23-497 492 

8. Special Provisions for Federal Elections, §§ 23-551 to 23-564 500 

9. Certain Expenses of Elections, §§ 23-601 to 23-605 504 

10. Offenses against the Election Laws, §§ 23-651 to 23-667 505 

Title 24. 
Electricity. 

1. Regulation of Electrical Utilities, §§ 24-1 to 24-176 511 

2. Sale of Electric Power Controlled by State, §§ 24-201 to 24-206 543 

3. Blank 544 

4. State Rural Electrification Authority Act, §§ 24-301 to 24-328 545 

5. Lyles Ford Tri-County Power Authority, §§ 24-351 to 24-368 554 

6. Orangeburg-Aiken Hydro-Electric Commission, §§ 24-401 to 24-417 561 

7. Certain Criminal Offenses, §§ 24-451 to 24-453 565 

8. Greenwood County Electric Power Commission, §§ 24-551 to 24-562 567 

Title 25. 
Eminent Domain. 

1. General Provisions, §§ 25-1 to 25-3 571 

2. State Authorities Eminent Domain Act, §§ 25-51 to 25-64 572 

3. Public Works Eminent Domain Law, §§ 25-101 to 25-140 583 

4. Condemnation of Land by United States, §§ 25-151 to 25-154 596 

Title 26. 
Evidence. 

1. General Provisions, §§ 26-1 to 26-12 599 

2. Proof of Ordinances, Laws, etc., §§ 26-51 to 26-68 604 

3. Public Documents, Records and Certain Books, etc., §§ 26-101 to 

26-142 607 

4. Compelling Attendance of Witnesses, §§ 26-201 to 26-206 613 

5. Out-of-State Witnesses, §§ 26-301 to 26-313 615 

6. Competency of Witnesses, §§ 26-401 to 26-408 618 



vi Code of Laws of South Carolina 

Chapter Page 

7. Examination of Adverse Witnesses ; Inspection of Papers, etc., 

§§ 26-501 to 26-512 632 

8. Examination of Witnesses by Commission, §§ 26-601 to 26-611 .... 638 

9. Examination of Witnesses by Deposition, §§ 26-701 to 26-709 641 

10. Perpetuation of Testimony, etc., §§ 26-801 to 26-807 646 

Title 27. 
Fees and Costs. 

1. General Provisions, §§ 27-1 to 27-5 649 

2. Clerks of Court and Registers of Mesne Conveyances, §§ 27-51 to 

27-101 650 

3. Masters, §§27-201 to 27-208 679 

4. Probate Judges, §§ 27-301 to 27-320 682 

5. Sheriffs, Magistrates and Constables, §§ 27-401 to 27-454 698 

6. Miscellaneous Officials, §§27-501 to 27-50S 712 

7. Witnesses, §§ 27-601 to 27-637 714 

Title 28. 
Fish, Game, etc. 

1. General Provisions, §§ 28-1 to 28-47 721 

2. State Game and Fish Commission and Game Wardens, §§ 28-101 

to 28-141 728 

3. State Board of Fisheries, §§ 28-151 to 28-180 735 

4. Atlantic States Marine Fisheries Commission, §§ 28-201 to 28-205 741 

5. Blank 743 

6. Protection of Game, §§ 28-301 to 28-525 743 

7. Protection of Fish, etc., §§ 28-551 to 28-721 77<> 

8. Coastal Fisheries Law, §§ 28-751 to 28-979 808 

9. Special Provisions for Certain Counties or Areas, §§ 28-1001 to 

28-1234 841 

Title 29. 
Forestry. 

1. General Provisions, §§ 29-1 to 29-28 865 

2. South Carolina Forest Fire Protection Act, §§ 29-51 to 29-61 872 

3. Local Provisions ; Fire Protection, §§ 29-101 to 29-1 12 874 

Title 30. 
General Assembly. 

1. General Provisions, §§ 30-1 to 30-8 881 

2. Organization, Employees and Compensation, §§30-51 to 30-70 .... 883 

3. Legislative Council, §§ 30-101 to 30-108 888 



Table of Contents vii 

Chapter Page 

4. Lobbyists and Lobbying, §§ 30-151 to 30-157 889 

5. Legislative Enactments Generally, §§30-201 to 30-214 891 

6. Claims Against the State, §§ 30-251 to 30-255 894 

7. Introduction of Measures for Private Purposes, §§ 30-301 to 30-306 895 

Title 31. 
Guardian and Ward. 

1. General Provisions, §§ 31-1 to 31-18 • 899 

2. Natural and Parentally Appointed Guardians, §§ 31-51 to 31-56 .... 905 

3. Public Guardians. §§31-101 to 31-111 907 

4. Uniform Veterans' Guardianship Act, §§31-201 to 31-227 911 

Title 32. 
Health. 

1. Boards of Health and Health Officers, §§ 32-1 to 32-469 920 

2. Blank 985 

3. General Health Provisions, Certain Particular Diseases and Steril- 

ization, §§ 32-551 to 32-696 985 

4. Hospitals, Clinics, Health Centers and Tuberculosis Camps, §§ 32- 

751 to 32-884 1004 

5. South Carolina State Hospital, §§ 32-951 to 32-988 1029 

6. Other Provisions Regarding the Insane, §§ 32-1001 to 32-1009 1039 

7. State Training School, §§ 32-1051 to 32-1075 1042 

8. Vital Statistics, §§ 32-1101 to 32-1177 1048 

9. Water, Sewerage, Garbage, etc., §§ 32-1201 to 32-1326 1058 

10. Bedding, §§ 32-1351 to 32-1398 1070 

11. Food and Drugs, §§ 32-1451 to 32-1559 1076 

12. Milk and A I ilk Products and Imitations Thereof; Oleomargarine, 

§§ 32-1601 to 32-1724 1100 

13. Commercial Disinfectants, §§32-1751 to 32-1759 1121 

14. Dangerous Substances, §§ 32-1801 to 32-1805 1 124 

15. Miscellaneous Local Provisions, §§ 32-1851 to 32-1905 1126 



CODE OF LAWS OF SOUTH CAROLINA 

1952 

Title 21. 
Education.* 

Chap. 1. General Provisions, §§ 21-1 to 21-7. 

2. State Superintendent of Education, §§ 21-21 to 21-27. 

3. State Board of Education, §§ 21-41 to 21-47. 

3.1. State Educational Finance Commission, §§ 21-52 to 21-58. 

4. County Superintendents of Education, §§ 21-61 to 21-91. 

5. County Boards of Education, §§ 21-101 to 21-105. 

6. School" Districts, §§ 21-111 to 21-197. 

7. School Trustees, §§ 21-221 to 21-243. 

8. State Aid for Schools, §§ 21-251 to 21-290. 

9. School Buildings, §§ 21-301 to 21-321. 

10. Teachers, §§ 21-351 to 21-396. 

11. Subjects of Instruction, §§ 21-411 to 21-423. 

12. Textbooks, §§ 21-451 to 21-591. 

13. Special Types of Schools or Instruction, §§ 21-601 to 21-717. 

14. Pupils, §§ 21-751 to 21-873. 

15. Financial Matters, §§ 21-901 to 21-1000.3. 

16. Abbeville County, §§ 21-1001 to 21-1002. 

17. Aiken County, §§ 21-1031 to 21-1095. 

18. Allendale County, §§21-1101 to 21-1 127. 

19. Anderson County, §§ 21-1151 to 21-1236. 

20. Bamberg County, §§ 21-1251 to 21-1252. 

21. Barnwell County, §§ 21-1351 to 21-1361. 

22. Beaufort County, §§ 21-1401 to 21-1425. 

23. Berkeley County, §§ 21-1451 to 21-1531. 

24. Calhoun County, § 21-1551. 

25. Charleston County, §§ 21-1601 to 21-1687. 

26. Cherokee Countv,'§§ 21-1701 to 21-1774. 

27. Chester County, §§ 21-1801 to 21-1816. 

* As to constitutional provisions concerning education, see S. C. Const., Art. 11, §§1 
to 12. As to constitutional provision against incorporating educational institution by- 
special law, see S. C. Const.. Art. 3, § 34. As to State educational institutions generally, 
including universities and colleges, see Title 22. As to public school at Industrial School 
for Girls, see §§ 55-166 to 55-169. As to inspection of sanitation of schools and public 
educational institutions, see § 32-81. As to closing schools during epidemic, see § 32-82. 
As to maintenance of State parks for educational purposes, see § 51-1. As to distribution 
of dead bodies for scientific purposes, see §§ 9-501 to 9-509. As to South Carolina retire- 
ment system generally, see §§61-1 to 61-202. As to teacher's retirement funds, see §§ 61- 
451 to 61-557. As to repeal of 6-0-1 Law, see 1933 Acts [1933 (38) 567], 

[3SCCode]— 1 I 



Code or Laws or South Carolina 

Chap. 28. Chesterfield County, §§21-1851 to 21-2025. 

29. Clarendon County, §§ 21-2051 to 21-2076. 

30. Colleton County, §§ 21-2171 to 21-2189. 

31. Darlington County, §§ 21-2252 to 21-2302. 

32. Dillon County, §§ 21-2351 to 21-2459. 

33. Dorchester County, §§ 21-2510 to 21-2538. 

34. Edgefield County ,'§§ 21-2551 to 21-2555. 

35. Fairfield County, §§ 21-2577 to 21-2619. 

36. Florence County, §§ 21-2651 to 21-2659. 

37. Georgetown County, §§ 21-2721 to 21-2785. 

38. Greenville County, §§ 21-2803 to 21-2837. 

39. Greenwood County, §§ 21-2901 to 21-2925. 

40. Hampton County, §§ 21-2952 to 21-2982. 

41. Horry County, §§ 21-3053 to 21-3082. 

42. Jasper County, §§ 21-3102 to 21-31 11. 

43. Kershaw County, §§ 21-3151 to 21-3179. 

44. Lancaster County, §§ 21-3201 to 21-3293. 

45. Laurens County, §§ 21-3302 to 21-3306. 

46. Lee County, §§ 21-3351 to 21-3364. 

47. Lexington County, §§ 21-3401 to 21-3434. 

48. Marion County, §§ 21-3451 to 21-3478. 

49. Marlboro County, §§ 21-3501 to 21-3524. 

50. McCormick County, §§ 21-3551 to 21-3553. 

51. Newberry County, §§ 21-3599 to 21-3622. 

52. Oconee County, §§ 21-3662 to 21-3685. 

53. Orangeburg County, §§ 21-3701 to 21-3718. 

54. Pickens County, § 2'l-3£02. 

55. Richland County, §§ 21-3851 to 21-3923. 

56. Saluda County, §§ 21-3951 to 21-3967. 

57. Spartanburg County, §§ 21-4001 to 21-4031. 

58. Sumter County, §§ 21-4051 to 21-4077. 

59. Union County, §§ 21-4151 to 21-4175. 

60. Williamsburg County, §§ 21-4201 to 21-4267. 

61. York County, §§ 21-4302 to 21-4416. 



CHAPTER 1. 

General Provisions. 

Sec. Sec. 

21-1. Acts creating special and graded 21-5. Superintendents may administer oaths 
school districts not repealed. and probate certain papers. 

21-2. Blank. - 21-6. Blank. 

21-3. Scholastic year. 21-7. Display of United States flag. 

21-4. Members of boards of education and 
trustees exempt from militia duty. 

2 [3 SC Code] 



§ 21-1 Education § 21-7 

§ 21-1. Acts creating special and graded school districts not repealed. 

Nothing contained in this Title shall be construed to repeal the acts of the 
General Assembly creating special and graded school districts, and the pro- 
visions of such acts shall apply to such school districts. 

1942 Code § 5391; 1932 Code § S419; Civ. C. '22 § 2682; Civ. C. '12 § 1792; Civ. C. '02 
§ 1238; 1896 (22) 150; 1897 (22) 514. 

Rights of special school districts. — Holler Quoted in Craig v. Bell, 211 S. C. 473, 46 

v. Rock Hill School Dist., 60 S. C. 41, 38 S. E. (2d) 52 (1948). 
S. E. 220 (1901); Martin v. School Dist., 57 
S. C. 125, 35 S. E. 517 (1900). 

§21-2. Blank. 

§ 21-3. Scholastic year. 

Tbe scholastic year shall begin on the first day of July of each year and end 

on the thirtieth day of June following. 

1942 Code § 5378; 1932 Code § 5411; Civ. C. '22 § 2653; Civ. C. '12 § 1781; Civ. C. '02 
§ 1232; 1896 (22) 170. 

§ 21-4. Members of boards of education and trustees exempt from militia duty. 

The members of the State Board of Education appointed by the Governor, 

members of the county boards of education appointed by the State Board of 

Education and members of the boards of trustees shall be exempt from militia 

duty. 

1942 Code § 5376; 1932 Code § 5405; Civ. C. '22 § 2647; Civ. C. '12 § 1779; Civ. C. '02 
§ 1230; 1896 (22) 170; 1901 (23) 63S. 

§ 21-5. Superintendents may administer oaths and probate certain papers. 

The State Superintendent of Education and the county superintendents of 
education of the various counties of the State may administer an oath or 
affirmation to any person and probate any and all papers which may pertain 
to or be connected with the duties of their respective offices. 

1942 Code § 5278; 193S (40) 1571. 

§21-6. Blank. 

§ 21-7. Display of United States flag. 

The State Superintendent of Education shall make rules and regula- 
tions not inconsistent with the National Flag Code for the display of the flag 
of the United States of America on the grounds of schools supported, in whole 
or in part, by funds derived from the State. The person at the head of any 
school in the State shall display the flag of the United States of America at 
such times and at such places and under such restrictions and rules as may 
be directed by the State Superintendent of Education. 

1942 Code § 5705; 1939 (41) 298. 



§ 21-21 Code of Laws of Soutu Carolina § 21-23 

CHAPTER 2. 

State Superintendent of Education. 

Sec. Sec. 

21-21. Election, bond and salary. 21-25. Various institutions to report to State 

21-22. Vacancy in office of State Supcrin- Superintendent. 

tendcnt. 21-26. Report to General Assembly. 

21-23. General duties. 21-27. Consolidated county superintendents' 

21-24. Other duties; property to be deliv- reports forwarded to General As- 

ered to successor. sembly. 

§21-21. Election, bond and salary. 

The State Superintendent of Education shall be elected at each general 
election in the same manner as other state officers and shall enter upon the 
duties of his office at the time prescribed by law. Before entering upon the 
duties of his office he shall give bond for the use of the State in the penal sum 
of five thousand dollars, with good and sufficient sureties, to be approved by 
the Governor, conditioned for the faithful and impartial performance of the 
duties of his office, and lie shall also, at the time of giving bond, take and 
subscribe the oath prescribed in § 26 of article III of the Constitution of the 
State, which shall be endorsed upon the back of the bond. The bond shall 
be filed with the Secretary of State, and by him recorded and, when so record- 
ed, shall be filed with the State Treasurer. The Superintendent of Education 
shall receive as compensation for his services the sum of seven thousand five 
hundred dollars per annum, payable monthly out of the State Treasury, and 
his traveling expenses, not exceeding three hundred dollars, shall be paid out 
of the State Treasury upon duly itemized accounts rendered by him. 

1942 Code § 5272; 1932 Code § 5272; Civ. C. '22 § 2532; Civ. C. '12 § 1698; Civ. C. '02 
§ 1174; 1896 (22) 150; 1901 (23) 750; 1919 (31) 4; 1924 (33) 1182; 1948 (45) 1716. 

Cited in Brice v. McDow, 116 S. C. 324, 
108 S. E. 84 (1921). 

§ 21-22. Vacancy in office of State Superintendent. 

In case a vacancy occurs in the office of State Superintendent of Education, 

from any cause, such vacancy shall be filled by the Governor, by and with 

the advice and consent of the Senate, and the person so appointed shall qualify 

within fifteen days from the date of such appointment or else the office shall 

be deemed vacant. If the vacancy occur during the recess of the Senate, the 

Governor shall fill the same by appointment until the Senate can act thereon. 

1942 Code § 5277; 1932 Code § 5281; Civ. C. '22 § 2541; Civ. C. '12 § 1704; Civ. C. '02 
§ 1180; 1896 (22) 150. 

§ 21-23. General duties. 

The State Superintendent of Education shall have general supervision over 
all the public school funds except as otherwise provided and shall visit every 
county in the State as often as practicable for the purpose of inspecting the 
schools, awakening an interest favorable to the cause of education and diffus- 
ing' as widely as possible, by public addresses and personal communications 
with school officers, teachers and parents, a knowledge of existing defects and 

4 



§ 21-24 Education § 21-26 

of desirable improvements in the government and instruction of the schools. 
He shall secure, by and with the advice of the State Board of Education, uni- 
formity in the use of textbooks throughout the free public schools of the 
State and shall forbid the use of sectarian or partisan books and instruction 
in the schools. He shall prepare and transmit to the several county superin- 
tendents of education school registers, blank certificates, reports and such other 
suitable blanks, forms and printed instructions as may be necessary to aid 
school officers and teachers in making their reports and carrying into full ef- 
fect the various provisions of the school laws of this State and shall cause 
the law relating to the free public schools, with such rules, regulations, forms 
and instructions as shall be legally prescribed, to be printed, together with 
a suitable index, in pamphlet form, at the expense of the State and cause copies 
of the same to be transmitted to the several county superintendents of educa- 
tion for distribution. He shall collect in his office such school books, appara- 
tus, maps and charts as can be obtained. He may certify copies of all papers 
filed in his office, and such certified copies shall be competent evidence thereof. 

1942 Code § 5273; 1932 Code § 5273; Civ. C. '22 § 2533; Civ. C. '12 § 1699; Civ. C. '02 
§ 1175; 1896 (22) 150. 

Quoted in Duncan v. State Board of Ed- Duncan v. Heyward, 78 S. C. 227, 5S S. E. 
ucation, 74 S. C. 560, 54 S. E. 760 (1906); 1095 (1907). 

§ 21-24. Other duties ; property to be delivered to successor. 

The State Superintendent of Education shall discharge such other duties 

as may be provided by law and he shall deliver to his successor, within ten 

days after the expiration of his term of office, all books, papers, documents and 

other property belonging to his office. 

1942 Code § 5276; 1932 Code § 5280; Civ. C. '22 § 2540; Civ. C. '12 § 1703; Civ. C. '02 
§ 1179; 1896 (22) 150. 

§ 21-25. Various institutions to report to State Superintendent. 

The trustees, officers or persons in charge of all literary, scientific or pro- 
fessional institutions of learning incorporated, supported or aided by the 
State and of all schools or private educational institutions shall, on or before 
the fifteenth day of July in each year, make a report in writing to the State 
Superintendent of Education of such statistics as the Superintendent shall 
prescribe relating to the number of pupils and instructors, courses of study, 
cost of tuition and the general condition of the institution or school under their 
charge. The Superintendent shall prepare blank forms of inquiry for such 
statistics and shall send the same to every such institution or school on or 
before the tenth day of May in each year. So much of such information as 
he may deem proper shall be incorporated in his annual report. 

1942 Code § 5386; 1932 Code § 5434; Civ. C. '22 § 2699; Civ. C. '12 § 1811; Civ. C. '02 
§ 1243; 1896 (22) 172. 

§21-26. Report to General Assembly. 

The State Superintendent of Education shall make a report, through the 
Governor, to the General Assembly at each regular session thereof, showing: 

(1) The whole number of pupils registered and the number enrolled as 

5 



§21-27 Code of Laws of South Carolina §21-27 

defined in § 21-S45 in the free common schools of this State during the year 
ending the thirtieth day of the last preceding June and the number in each 
county registered and the number enrolled as defined in said section during the 
same period; 

(2) The number of whites and the number of colored, of each sex, attending 
the schools; 

(3) The number of free schools in the State ; 

(4) The number of pupils studying each of the branches taught ; 

(5) The average wages paid to teachers of each sex, and to the principals 
of schools and departments in the schools ; 

(6) The number of schoolhouses erected during the year and the location, 
material and cost thereof; 

(7) The number previously erected, the material of their construction, their 
condition and value and the number with the grounds enclosed ; 

(8) The counties in which teachers' institutes were held, and the number at- 
tending the institutes in each county ; and 

(9) Such other statistical information as he may deem important, together 
with such plans as he may have matured and the State Board of Education may 
have recommended for the management and improvement of the school fund 
and for the more perfect organization and efficiency of the free public schools. 

All state institutions of higher learning shall make an annual report on or 

before the first day of September of each year to the State Superintendent of 

Education, embracing a detailed account of the operations of such institutions, 

including the expenditure of the public moneys for the current scholastic 

year. The State Superintendent of Education shall include such reports in 

his annual report to the General Assembly. 

1942 Code § 5274; 1932 Code § 5274; Civ. C. '22 § 2534; Civ. C. '12 § 1700; Civ. C. '02 
§ 1176; 1896 (22) ISO. 

Cited in Varn v. Beattie, 171 S. C. 424, 
172 S. E. 442 (1934). 

§ 21-27. Consolidated county superintendents' reports forwarded to General 
Assembly. 
The State Superintendent of Education shall consolidate the reports re- 
ceived from the county superintendents of education and shall forward them 
to the General Assembly at its next regular session. 

1942 Code § 2125; 1932 Code § 2125; Civ. C. '22 § 86; Civ. C. '12 § 76; Civ. C. '02 § 73; 
G. S. 49; R. S. 79; 1868 (14) 23. 



CHAPTER 3. 

State Board of Education. 

Sec. Sec. 

21-41. Constitution. 21-43. Meetings of Board. 

21-42. Compensation of certain Board mem- 21-44. Records, etc., of Board. 

bers. 21-45. General powers of Board. 

6 



§ 21-41 Education § 21-45 

Sec. Sec. 

21-16. Advisory board to State Superintend- 21-47. Department to cooperate with United 
ent; appeals from county boards. States in program for children of 

working mothers. 

§21-41. Constitution. 

The Governor, the State Superintendent of Education and seven persons, 
at least one from each congressional district, to be appointed by the Governor, 
who shall hold office for four years, and until their successors may be ap- 
pointed, unless sooner removed by the Governor, shall constitute the State 
Board of Education. Of this Board the Governor shall be ex-officio chairman 
and the State Superintendent of Education shall be secretary. 

1942 Code § 5279; 1932 Code § 5282; Civ. C. '22 § 2542; Civ. C. *12 § 1705; Civ. C. '02 
§ 1181; 1896 (22) 150; 1941 (42) 285. 

§ 21-42. Compensation of certain Board members. 

The members of the Board appointed by the Governor shall receive as 

compensation a per diem and mileage as is provided for members of the General 

Assembly, not exceeding twenty days in any one year. 

1942 Code § 5280; 1932 Code § 5287; Civ. C. '22 § 2547; Civ. C. '12 § 1706; Civ. C. '02 
§ 1182; 1896 (22) 150; 1951 (47) 506. 

§21-43. Meetings of Board. 

The Board shall meet on the call of its chairman or upon the request of a 

majority of its members at the office of the State Superintendent of Education 

or at such other place as may be designated in the call. A majority of the 

Board shall constitute a quorum for transacting business. The official seal 

of the State Superintendent of Education shall be used for the authentication 

of the acts of the Board. 

1942 Code § 5280; 1932 Code § 5287; Civ. C. '22 § 2547; Civ. C. '12 § 1706; Civ. C. '02 
§ 1182; 1896 (22) 150. 

§21-44. Records, etc., of Board. 

The secretary shall be custodian of the records, papers and effects of the 

Board and shall keep minutes of its proceedings. Such records, papers and 

minutes shall be kept in the office of the State Superintendent of Education 

and shall be open to inspection by the public. 

1942 Code § 5279; 1932 Code § 5282; Civ. C. '22 § 2542; Civ. C. '12 § 1705; Civ. C '02 
§ 1181; 1896 (22) 150; 1941 (42) 285. 

§ 21-45. General powers of Board. 

The State Board of Education shall have power: 

(1) To adopt rules and regulations not inconsistent with the laws of the 
State for its own government and for the government of the free public 
schools ; 

(2) To prescribe and enforce rules for the examination and certification of 
teachers; 

(3) To prescribe and enforce the course of study for the free public schools, 
with power to provide for its continued enrichment by the discarding of ob- 

7 



§ 21-46 



Coi>K of Laws of South Carolina 



§ 21-46 



solete, antiquated and useless textbooks and the addition of new and modern 
textbooks ; 

(4) To grant State teachers' certificates and to revoke them for immoral or 
unprofessional conduct, profanity or evident unfitness for teaching; 

(5) To award scholarships created by the General Assembly in the institu- 
tions of learning in whole or in part supported by the State; 

(6) To prescribe and enforce the use of textbooks for the various subjects 

taught in the free public schools of the State, both high schools and elementary 

schools, in accord with the course of study as prepared and promulgated by 

the Board. 

1942 Code § 5282; 1932 Code § 5289; Civ. C. '22 § 2549; Civ. C. '12 § 170S; Civ. C. '02 
§ 1184; 1896 (22) 150; 1914 (28) 450; 1915 (29) 18S; 1923 (33) 147; 1927 (35) 354; 1928 
(35) 1215; 1931 (37) 391; 1940 (41) 1763, 1886; 1947 (45) 55. 



Cross references.— As to State textbook 
system generally, see §§ 21-451 to 21-459. 
As to State textbook rental system, see 
§§21-471 to 21-491. As to State contracts 
for textbooks, see §§21-501 to 21-509. 

For rules and regulations promulgated 
under authority of this section, see Rules 
and Regulations, Education Department, in 
Volume 7 of this Code. 

Dismissal of teacher is subject to judi- 
cial review. — Dismissal of a teacher by the 
Board of Education under authority grant- 
ed by this section was not a denial of due 
process upon the ground that the statute 
does not provide for judicial review, since 
Board action is nevertheless subject to judi- 
cial review by writ of certiorari. Shirer v. 
Anderson, 88 F. Supp. 858 (1950). 



Board may contract for central book de- 
pository. — There is no indication in this 
section that the State Board of Education 
may not contract with publishers of school 
textbooks to maintain at the State capital 
a central wholesale depository, from which 
its agencies and the county depositories 
may be supplied at discount of not less than 
ten per cent. Duncan v. State Board of 
Education, 74 S. C. 560, 54 S. E. 760 (1906), 
affirmed in Duncan v. Hey ward, 78 S. C. 
227, 58 S. E. 1095 (1907). 

For additional related cases, see State v. 
State Board of Education, 108 S. C. 312, 
94 S. E. 110 (1917); State v. Hiers, 51 S. C. 
388, 29 S. E. 89 (1898); Ex parte Green- 
ville College, 75 S. C. 93, 55 S. E. 132 
(1906). 



§ 21-46. Advisory board to State Superintendent; appeals from county boards. 

The State Board of Education shall constitute an advisory body, with whom 

the State Superintendent of Education shall have the right to consult when 

he is in doubt as to his official duty. It may review on appeal all decisions 

of the county boards of education, as provided in § 21-103. Appeals to 

the State Board of Education must be made through the county boards of 

education, in writing, and must distinctly set forth the question of law as 

well as the facts of the case upon which the appeal is taken, and the decision 

of the State Board shall be final upon the matter at issue. 

1942 Code § 5281; 1932 Code § 5288; Civ. C. '22 § 254S; Civ. C. '12 § 1707; Civ. C. '02 
§ 1183; 1896 (22) 150. 

Cross references. — As to advisory board 
to county superintendent, see §21-102. As 
to appeals from county boards of education, 
see §21-103. 

The appellate jurisdiction of the State 
Board of Education is dependant upon the 
provisions of this section and §21-103. 
Patrick v. Mavbank, 198 S. C. 262, 17 S. E. 
(2d) 530 (1941). 

Being limited to matters of local contro- 
versy. — While the terms of this section are 



rather broad, they must of course be con- 
strued in connection with the provisions of 
§ 21-103, from which it clearly appears that 
the appellate jurisdiction of the State Board 
of Education was intended to be limited to 
matters of local controversy. Patrick v. 
Maybank, 19S S. C. 262, 17 S. E. (2d) 530 
(1941). 

Thus appeal does not apply to creation 
or consolidation of school district unless 
local controversy. — The right to appeal to 



§ 21-47 Education- § 21-53 

the State Board of Education has been held Applied in State v. Dick, 134 S. C. 46, 131 

not to apply to the creation of a school S. E. 771 (1926) ; Poole v. Bagwell, 119 S. C. 

district or the consolidation of school dis- 23, 111 S. E. 788 (1922); Hughes v. School 

tricts under 1932 Code §5350 (now amend- Dist, 66 S. C. 259, 44 S. E. 784 (1903); 

ed and replaced by §§21-111 to 21-114), Brown v. County Board of Education, 186 

unless such action of the county board S. C. 325, 195 S. E. 642 (1938). 

could reasonably be deemed a matter of Stated in In re School Dist., 153 S. C. 

local controversy. Patrick v. May bank, 222, 150 S. E. 776 (1929). 

198 S. C. 262, 17 S. E. (2d) 530 (1941). Cited in Yarn v. Beattie, 171 S. C. 42-1, 

For additional related cases, see McCol- 172 S. E. 442 (1934): Turner v. Joseph 

lum v. Crosbv, 114 S. C. 169. 103 S. E. 514 Walker School Dist. No. 9, 215 S. C. 472, 

(1920): Ex parte Greenville College, 75 S. 56 S. E. (2d) 243 (1949). 
C. 93, 55 S. E. 132 (1906). 

§21-47. Department to cooperate with United States in program for children 
of working mothers. 

The State Department of Education shall have the power to cooperate with 
the Federal Government, its agencies or instrumentalities, in the administration 
of an educational program for the care of pre-school children, ages two to six, 
and children of school age who are without home care during the day before 
and after school hours due to employment of their mothers. The State De- 
partment of Education shall receive and expend all funds made available to the 
Department by the Federal Government for administration, supervision and 
coordination of state and local programs to meet such needs. 

1943 (43) 226. 



CHAPTER 3.1. 

State Educational Finance Commission. 

Sec. Sec. 

21-52. Establishment. 21-55. Chairman; meetings. 

21-53. Members; appointment, terms and 21-56. General duties of the Commission. 

vacancies. 21-57. Survey of school system. 

21-54. Compensation and expenses of mem- 21-58. Rules and regulations. 

bers. 

§ 21-52. Establishment. 

There is hereby created a State Educational Finance Commission. 
1951 (47) 546. 

§ 21-53. Members; appointment, terms and vacancies. 

The Commission shall be composed of seven members, five of whom shall 
be appointed by the Governor by and with the advice and consent of the 
Senate, no two of whom shall come from the same Congressional District. 
The original members having been appointed one for one year, one for two 
years, one for three years, one for four years and one for five years, their suc- 
cessors shall each be appointed for a period of five years. The Governor and 
the State Superintendent of Education shall be members of the Commission, 
ex officio. No person employed in the public school system shall be a member 

9 



§ 21-54 Code of Laws of South Carolina § 21-53 

of the Commission. Any vacancy occurring before the expiration of a term 
shall be filled only for the remaining portion of that particular term. 
1951 (47) 546. 

§ 21-54. Compensation and expenses of members. 

The members of the Commission, other than the Governor and the State 
Superintendent of Education, shall receive an annual salary, an allowance of 
seven cents per mile for each mile traveled and actual necessary expenses in- 
curred while in the discharge of their duties. 

1951 (47) 506, 546. 

§ 21-55. Chairman; meetings. 

The Governor shall be ex-officio chairman of the Commission. Meetings 
of the Commission shall be held on his call as Chairman or on the call of a 
majority of the members. The Commission shall adopt rules and regulations 
to govern its proceedings. Five members shall constitute a quorum for the 
purpose of doing business. 

1951 (47) 546. 

§ 21-56. General duties of the Commission. 

The Commission shall disburse such funds as are provided by the General 
Assembly and shall have such further powers as are committed to it by this 
Title. It shall promote the improvement of the school system and its physical 
facilities. It shall make plans for the construction of necessary public school 
buildings. It shall make surveys incident to the acquisition of sites for public 
schools. It shall seek the more efficient operation of the pupil transportation 
system. It shall effect desirable consolidations of school districts throughout 
the entire State. And it shall make provision for the acquisition of such further 
facilities as may be necessary to operate the public school system in an efficient 
manner. 

1951 (47) 546. 

§21-57. Survey of school system. 

As soon as practicable the Commission shall make a survey of the entire 
school system, which shall set forth the needs for new construction, new equip- 
ment, new transportation facilities and such other improvements as are neces- 
sary to enable all children of the State to have adequate and equal educational 
advantages. 

1951 (47) 546. 

§ 21-58. Rules and Regulations. 

The Commission shall prescribe and promulgate, in the manner provided 
by law, reasonable rules and regulations to carry out the provisions of this 
chanter, chapter 8 of this Title, article 3.1 of chapter 14 of this Title and articles 
? and 6 of chapter 15 of this Title and such rules and regulations shall have 
the full force and effect of law. 

1951 (47) 546. 

10 



§21-61 



Education 



§ 21-61 



CHAPTER 4. 
County Superintendents of Education. 



Sec. 

21-61. Election, term, oath and bond. 

21-62. Ten thousand dollar bond in Jasper 
and Oconee Counties. 

21-63. Five thousand dollar bond in Green- 
wood and Horry Counties. 

21-64. Five thousand dollar bond with cor- 
porate surety in Anderson County. 

21-65. Two thousand dollar bond in Rich- 
land County. 

21-66. Terms commence July 1st. 

21-67. Vacancies. 

21-68. Seal. 

21-69. Office; supplies and equipment. 

21-70. General duties of county superin- 
tendent. 

21-71. Assistant county superintendents of 
education in counties of 82.000 to 
85,000, 1910 census. 

21-72. General duties of assistant superin- 
tendent. 

21-73. Monthly apportionment of school 
funds; payment of warrants. 

21-74. Superintendent to attend annual set- 
tlement of county treasurer. 

21-75. Violation of §§ 21-73 and 21-74. 



Sec. 

21-76. Superintendent to keep record of 
school district bonds. 

21-77. Superintendent to keep register of 
claims, etc. 

21-78. Annual report to county treasurer of 
claims approved. 

21-79. Annual report to court on claims. 

21-80. Copies of poll tax reports for school 
trustees. 

21-81. Expenses of county superintendents. 

21-82. How expenses paid. 

21-83. Allowance for expenses in certain 
counties. 

21-83.1. Same; Chester County. 

21-84. Same; Colleton County. 

21-85. Same; Pickens County. 

21-86. Same; maximum expenses in Saluda 
County. 

21-S7. Annual reports to county superin- 
tendent. 

21-88. Blank. 

21-89. Private schools to report to county 
superintendents. 

21-90. County superintendents to file an- 
nual reports. 

21-91. Annual reports. 



§ 21-61. Election, term, oath and bond. 

Except as otherwise expressly provided, there shall be elected by the 
qualified electors of the county a county superintendent of education for each 
county, who shall, except as otherwise expressly provided, hold his office for 
a term of four years and until his successor is elected and qualified. He shall, 
before being commissioned and entering upon the duties of his office, give 
bond to the State for the use of the county in which he is elected, for educa- 
tional purposes, in the penal sum of one thousand dollars, except as otherwise 
provided, with good and sufficient sureties, to be approved by the governing 
body of the county, conditioned for the faithful and impartial discharge of 
the duties of his office, and he shall take and subscribe the oath of office pre- 
scribed in § 26, article III, of the Constitution of this State, which he shall 
file in the office of the Secretary of State. When commissioned he shall im- 
mediately enter upon the discharge of his duties. His failure to qualify within 
thirty days after notice of his election shall create a vacancy. 

1942 Code § 5301; 1932 Code §§ 4398, 5308; Civ. C. '22 § 2566; Civ. C. '12 § 1717; Civ. 
C. '02 § 1186; 1896 (22) 150; 1903 (23) 58; 1907 (25) 652; 1908 (25) 1350; 1909 (26) 124, 
180; 1910 (26) 698, 699, 700; 1911 (27) 62; 1912 (27) 683, 684; 1914 (28) 494, 497, 647; 
1915 (29) 185, 515; 1919 (31) 75; 1920 (31) 1068; 1921 (32) 104, 130; 1923 (33) 41; 1924 
(33) 1157; 1925 (34) 121, 144; 1927 (35) 254; 1928 (35) 1291; 1929 (36) 1, 7, 33, 227, 267; 
1931 (37) 40, 77, 389. 



n 



§ 21-62 Code of Laws of South Carolina § 21-66 

§ 21-62. Ten thousand dollar bond in Jasper and Oconee Counties. 

In Jasper and Oconee Counties the bond of the county superintendent of edu- 
cation shall be in the amount of ten thousand dollars, with good and sufficient 
sureties, to be approved by the governing body of the count)'. 

1942 Code §§ 5301, 5606; 1932 Code §§ 4398, 5308, 5320-F(l); Civ. C. '22 § 2566; Civ. 
C. '12 § 1717; Civ. C. '02 § 1186; 1896 (22) 150; 1903 (23) 58; 1907 (25) 652; 1908 (25) 
1350; 1909 (26) 124, 180; 1910 (26) 698, 699, 700; 1911 (27) 62; 1912 (27) 683, 684; 1914 
(28) 494, 497, 647; 1915 (29) 185, 515; 1919 (31) 75; 1920 (31) 1068; 1921 (32) 104, 130; 
1923 (33) 41; 1924 (33) 1157; 1925 (34) 121, 144; 1927 (35) 254; 1928 (35) 1291; 1929 
(36) 1, 7, 33, 227, 267, 268; 1930 (36) 1844; 1931 (37) 40, 77, 389; 1944 (43) 2272. 

§ 21-63. Five thousand dollar bond in Greenwood and Horry Counties. 

In Greenwood and Horry Counties the bond of the county superintendent of 
education shall be in the amount of five thousand dollars witli good and suffi- 
cient sureties, to be approved by the respective governing bodies of said 
counties. 

1942 Code § 5301; 1932 Code §§ 4398, 5308; Civ. C. '22 § 2566; Civ. C. '12 § 1717; Civ. 
C. '02 § 1186; 1896 (22) 150; 1903 (23) 58; 1907 (25) 652; 1908 (25) 1350; 1909 (26) 124, 
180; 1910 (26) 698, 699, 700; 1911 (27) 62; 1912 (27) 683, 684; 1914 (28) 494, 497, 647; 
1915 (29) 185, 515; 1919 (31) 75; 1920 (31) 1068; 1921 (32) 104, 130; 1923 (33) 41; 1924 
(33) 1157; 1925 (34) 121, 144; 1927 (35) 254; 1928 (35) 1291; 1929 (36) 1, 7, 33, 227, 267; 
1931 (37) 40, 77, 389. 

§ 21-64. Five thousand dollar bond with corporate surety in Anderson County. 

The county superintendent of education in Anderson County shall furnish a 
bond with a corporate surety licensed to do business in this State in the penal 
sum of five thousand dollars conditioned upon the faithful performance of his 
official duties, the cost of such bond to be paid by the county board of educa- 
tion from any available funds. 

1950 (46) 2131. 

§ 21-65. Two thousand dollar bond in Richland County. 

In Richland County the county superintendent of education shall, before 
being commissioned by the Secretary of State, as now provided by law for 
other state and county officers, and entering upon the duties of his office, give 
bond to the State for the use of the county for educational purposes in the 
penal sum of two thousand dollars with good and sufficient sureties, to be 
approved by the governing body of the county, conditioned for the faithful 
and impartial discharge of the duties of his office. 

1942 Code § 5649-1; 1932 Code § 5417(3); Civ. C. '22 § 2657; 1921 (32) 353. 

§21-66. Terms commence July 1st. 

The term of office of the count)' superintendent of education shall run from 
July 1st throughout four consecutive scholastic years in each county. 

1942 Code § 5301; 1932 Code §§ 4398, 5308; Civ. C. '22 § 2566; Civ. C. '12 § 1717; Civ. 
C. '02 § 1186; 1896 (22) 150; 1903 (23) 58; 1907 (25) 652: 1908 (25) 1350; 1909 (26) 124, 
ISO; 1910 (26) 698, 699, 700; 1911 (27) 62; 1912 (27) 683, 684; 1914 (28) 494, 497, 647; 
1915 (29) 185, 515; 1919 (31) 75; 1920 (31) 1068; 1921 (32) 104, 130; 1923 (33) 41; 1924 
(33) 1157; 1925 (34) 121, 144; 1927 (35) 254; 1928 (35) 1291; 1929 (36) 1, 7, 33, 227, 267; 
1931 (37) 40, 77, 3S9. 

12 



§ 21-67 Education § 21-70 

§ 21-67. Vacancies. 

The State Board of Education shall, except as otherwise expressly provided, 

fill all vacancies in the office of county superintendent of education for the 

unexpired term. 

1942 Code § 5302; 1932 Code § 5309; Civ. C. '22 § 2567; Civ. C. '12 § 1718; Civ. C. '02 
§ 1187; 1896 (22) 150; 1932 (.37) 1364; 1935 (39) 439, 456. 

§21-68. Seal. 

The county superintendents of education shall keep in their office a die, in a 
circular form, upon the center of which shall be engraved, in capital letters, 
the word "Seal," and on the circumference the proper words indicating' the 
office, which shall be regarded as the seal of the office. The county super- 
intendent of education shall impress such seal upon all papers issued from his 
office and affix his name to such papers. The governing body of each county 
shall furnish the county superintendent of education with such seal. 

1942 Code § 5312; 1932 Code § 5327; Civ. C. '22 § 2577; Civ. C. '12 § 1727; Civ. C. '02 
§ 1196; 1896 (22) 158. 

It is not necessary that claims approved be also under his official seal. State v. 
by the county superintendent of education Morton, 51 S. C. 323, 2S S. E. 945 (189S). 

§ 21-69. Office ; supplies and equipment. 

The governing body of each county shall furnish to the county board of 
education for the use of the county superintendent of education a comfortable 
and convenient office and suitable office furniture and shall supply such office 
with fuel, lights, stationery, postage and such other incidentals as are neces- 
sary to the proper transaction of the legitimate business of such office. 

1942 Code § 5308; 1932 Code § 5322; Civ. C. '22 § 2572; Civ. C. '12 § 1723; Civ. C. '02 
§ 1192; 1896 (22) 158. 

Applied in Aiken Countv v. Murray, 35 
S. C. 50S, 14 S. E. 954 (1892). 

§ 21-70. General duties of county superintendent. 

Each county superintendent of education shall visit the schools in his 
county at least once in each year, and oftener if practicable, and shall note the 
course and method of instruction and the branches taught and give such 
recommendation in the art of teaching and the method thereof in each school 
as shall be necessary, so that uniformity in the course of studies and methods 
of instruction employed shall be secured as far as practicable in the schools 
of the several grades, respectively. He shall acquaint himself as far as prac- 
ticable with the character and condition of each school, noting any deficiencies 
that may exist, either in the government of the school, the classification of its 
pupils or the method of instruction employed in the several branches, and 
shall make such suggestions in private to the teachers as to him shall appear 
necessary to the good order of the school and the progress of the pupils. He 
shall note the character and condition of the schoolhouses and the sufficiency 
or insufficiency of the furniture and shall make such suggestions to the several 
boards of trustees as in his opinion shall seem conducive to the comfort and 
progress of the several schools. He shall aid the teachers in all proper efforts 

13 



§21-71 Code of Laws of South Carolina §21-73 

to improve themselves in their profession. For this purpose he shall encour- 
age the formation of associations of teachers for common improvement and 
shall conduct teachers' institutes. He shall attend the meetings of such asso- 
ciations and give such advice and instruction in regard to their conduct and 
management as in his judgment will contribute to their greater efficiency. 

19-42 Code § 5303; 1932 Code § S310; Civ. C. '22 § 2568; Civ. C. '12 § 1719; Civ. C. '02 
§ 118S; 1896 (22) 150. 

§ 21-71. Assistant county superintendents of education in counties of 82,000 
to 85,000, 1910 census. 

The county superintendent of education in every county of this State having 
a population under the United States census of 1910 of between eighty-two 
thousand and eighty-five thousand shall appoint some suitable and competent 
person as assistant superintendent of education for such county, who shall be 
paid for his services in the same way and out of the same funds as the salary of 
the county superintendent of education is paid. He shall hold such position at 
the pleasure of the county superintendent, not to exceed six months in any 
year, and shall perform such duties in assisting the county superintendent as 
shall be designated from time to time by him. If required by the superin- 
tendent he shall give bond in such sum as may be designated, conditioned for 
the faithful discharge of his duties as such assistant superintendent of educa- 
tion and to indemnify the county superintendent against any loss which he may 
sustain by any act of the assistant superintendent while performing any duties 
placed upon him by the county superintendent. 

1942 Code § 5314; 1932 Code § 5330; Civ. C. '22 § 2579; 1912 (27) 688. 

§ 21-72. General duties of assistant superintendent. 

It shall be the special duty of such assistant superintendent to attend in the 
office of the county superintendent of education and answer all inquiries and 
give all necessary information while the county superintendent is absent visit- 
ing the schools and performing other duties required of him by law. He may, 
also, if he be so empowered by the county superintendent (after he has given 
bond as above provided), pass upon and sign teachers' pay certificates in the 
name of the county superintendent and likewise sign pay warrants and other 
necessary papers in connection with the same, in the absence or inability to 
act of the county superintendent. He shall also perform such clerical services 
as may be required of him. 

1942 Code § 5315; 1932 Code § 5331; Civ. C. '22 § 2580; 1912 (27) 688; 1937 (40) 465. 

§ 21-73. Monthly apportionment of school funds ; payment of warrants. 

Within ten days after the county treasurer makes his monthly report to the 
county superintendent of education, showing the amount of money collected 
by him since his last monthly report, the county superintendent of education 
shall apportion the money arising from a tax on property as shown by the 
treasurer's report among the school districts of his county and shall certify 
such apportionment to the county treasurer, together with the poll tax belong- 
ing to each district as shown by said report. The county treasurer shall enter 

14 



§ 21-74 Education § 21-76 

upon his book to the credit of each school district the amount due each district, 
according to such certificate of apportionment, and the county treasurer shall 
pay out the money belonging to the respective districts, upon the school war- 
rants of such districts, duly signed and countersigned by the school authorities, 
for that scholastic year in the order of their presentation ; provided that there 
be no outstanding claims of the previous scholastic year. The Comptroller 
General shall receive the warrants thus paid as proper vouchers in the hands 
of the county treasurer. 

1942 Code § 5305; 1932 Code §§ 1557, 5312; Civ. C. '22 § 2569; Civ. C. '12 § 1720; Civ. 
C. '02 § 1189; Cf. C. '22 § 505; Cr. C. '12 § 577; Cr. C. '02 § 420; 1896 (22) 150; 1898 (22) 
761. 

Quoted in Loan, etc., Bank v. Shealey, 
62 S. C. 337, 40 S. E. 674 (1902) 

§21-74. Superintendent to attend annual settlement of county treasurer. 

The county superintendent of education shall attend the annual settlement 

of the county treasurer with the Comptroller General. 

1942 Code § 5305; 1932 Code §§ 1557, 5312; Civ. C. '22 § 2569; Civ. C. '12 § 1720; Civ. 
C. '02 § 1189; Cr. C. '22 § 505; Cr. C. '12 § 577; Cr. C. '02 § 420; 1896 (22) 150; 1898 (22) 
761. 

§ 21-75. Violation of §§ 21-73 and 21-74. 

The failure or refusal of a county superintendent of education or a county 
treasurer to comply with any provisions of §§ 21-73 or 21-74 shall constitute 
a misdemeanor and, upon conviction thereof, he shall be subject to a fine of 
not more than one hundred dollars or imprisonment in the county jail for not 
more than thirty days. 

1942 Code § 5305; 1932 Code §§ 1557, 5312; Civ. C. '22 § 2569; Civ. C. '12 § 1720; Civ. 
C. '02 § 1189; Cr. C. '22 § 505; Cr. C. '12 § 577; Cr. C. '02 § 420; 1896 (22) 150; 1898 (22) 
761. 

§ 21-76. Superintendent to keep record of school district bonds. 

All county superintendents of education shall keep a complete and full 
record in a suitable book of all bonds issued by the respective school districts 
in the respective counties of this State. The book shall contain the following 
data: date of issue of bonds; amount of bonds; maturity of bonds; date of in- 
terest of bonds; interest due periods of bonds; and sale price of bonds. The 
book required to be kept by the county superintendents of education in this 
State shall be paid for by the respective counties of this State upon order 
of the count}' superintendent of education. The county superintendent of 
education shall keep the book herein required of him on file in the office of the 
clerk of court or register of mesne conveyances. Whenever the bonds have 
been paid, the superintendent of education shall enter in the book herein pro- 
vided to be kept by him the date of payment. Any violation of the provisions 
of this section shall be punishable by a fine of not more than one hundred 
dollars or by imprisonment in the county jail or upon the public works of the 
county for a period of not more than thirty days, in the discretion of the court. 

1942 Code § 5304; 1932 Code § 5311; 1924 (33) 998. 

15 



§ 21-77 Code of Laws of South Carolina § 21-31 

§ 21-77. Superintendent to keep register of claims, etc. 

The county superintendent of education shall keep a register of all claims 
approved by him and of such other matters as the State Superintendent of 
Education shall rccpuire of him, in the form prescribed by the State Superin- 
tendent. 

1942 Code § 5310; 1932 Code § 5324; Civ. C. '22 § 2574; Civ. C. '12 § 1725; Civ. C. '02 
§ 1194; 1896 (22) 158. 

§ 21-78. Annual report to county treasurer of claims approved. 

The county superintendent of education shall, on or before the fifteenth day 

of July in each year, report to the county treasurer, by school districts, all 

school claims approved by him for the school year last preceding, and the 

county treasurer shall thereupon close the school accounts for that year, 

carrying over any balance to the credit of each school district to the then 

current fiscal year. 

1942 Code § 5309; 1932 Code § 5323; Civ. C. '22 § 2573; Civ. C. '12 § 1724; Civ. C. '02 
§ 1193; 1896 (22) 158. 

§ 21-79. Annual report to court on claims. 

The county superintendent of education shall make an annual report of all 

claims filed, audited and allowed and ordered paid by him during each fiscal 

year to the presiding judge at the third term of the court of general sessions 

for his county which shall be held after the first day of January in each year, 

to be submitted by the judge to the grand jury for their examination. After 

examination the grand jury shall report thereon to the presiding judge any 

matter growing out of or pertaining to such annual report which to them may 

seem worthy of the attention of the court. The report shall thereupon be filed 

by the clerk of court and kept as papers of the court, for inspection by any 

citizen desirous of examining the same. 

1942 Code § 5307; 1932 Code § 5321; Civ. C. '22 § 2571; Civ. C. '12 § 1722; Civ. C. '02 
§ 1191; 1896 (22) 158; 1897 (22) 509. 

§ 21-80. Copies of poll tax reports for school trustees. 

The county superintendent of education shall furnish the school trustees 

of his county with copies of the reports made to him by the county auditor 

and county treasurer as to the persons listed and paying poll tax and shall aid 

the trustees in making all proper corrections. 

1942 Code § 5311; 1932 Code § 5326; Civ. C. '22 § 2576; Civ. C. '12 § 1726; Civ. C. '02 
§ 1195; 1896 (22) 158. 

§ 21-81. Expenses of county superintendents. 

Unless otherwise provided by law, each county superintendent of education 
shall receive annually, in addition to his salary, such sums as may be necessary 
to pay the actual expenses incurred by him in attending meetings called for 
the purpose of advancing educational interests and in visiting schools in other 
counties in order to become familiar with their management and mode of 
teaching. 

1942 Code § 5313; 1932 Code § 532S; Civ. C. '22 §2578; Civ. C. '12 § 172S; Civ. C. '02 

16 



§ 21-82 Education § 21-35 

§ 1193; 1833 (18) 535; 1891 (20) 1114. 1268, 1391; 1893 (21) 492; 1899 (21) 1057; 1905 (24) 
836; 1917 (30) 125; 1927 (35) 32; 1929 (36) 8, 63; 1932 (37) 1307; 1940 (41) 1664. 

§21-82. How expenses paid. 

Such expenses shall be paid on the warrant of the county board of educa- 
tion. The superintendent's claim for services and expenses shall be presented 
in the form of an itemized account against the county board of education, veri- 
fied by affidavit to the effect that said account is just and true, that the service 
therein named was honestly and faithfully rendered and that the sum therein 
claimed is rightfully due and remains unpaid. When such account shall have 
been duly audited and approved by the county board of education, it shall 
be filed with the county treasurer, who shall pay the same ratably out of the 
funds apportioned to the several school districts in proportion to the average 
number of children attending the free public schools in each school district. 

1942 Code § 5313; 1932 Code § 5328; Civ. C. '22 § 2578; Civ. C. '12 § 1728; Civ. C. '02 
§ 1198; 1883 (18) 535; 1891 (20) 1114, 1268, 1391; 1893 (21) 492; 1899 (21) 1057; 1905 
(24) 836; 1917 (30) 125; 1927 (35) 32; 1929 (36) 8, 63; 1932 (.37) 1307; 1940 (41) 1664. 

§ 21-83. Allowance for expenses in certain counties. 

In Abbeville, Lexington, Marlboro, and Union Counties the county superin- 
tendents of education shall receive annually, in addition to the salaries pro- 
vided, one hundred dollars and in Laurens County fifty dollars, for traveling 
expenses. 

1942 Code § 5313; 1932 Code § 5328; Civ. C. '22 § 2578; Civ. C. '12 § 1728; Civ. C. '02 
§ 1198; 1883 (18) 535; 1891 (20) 1114, 1268, 1391; 1893 (21) 492; 1899 (21) 1057; 1905 
(24) 836; 1917 (30) 125; 1927 (35) 32; 1929 (36) 8, 63; 1932 (37) 1307; 1940 (41) 1664. 

§21-83.1. Same; Chester County. 

The county superintendent of education of Chester County shall be allowed, 
in addition to his salary, two hundred dollars per year for traveling expenses, 
if so much be necessary, which shall be paid by the county treasurer upon the 
duly itemized and verified voucher of the county superintendent of education, 
duly approved by the governing body of the county. 

1942 Code § 5553-1 ; 1932 Code § 4138; 1929 (36) 8. 

§21-84. Same ; Colleton County. 

The expenses allowed to the county superintendent of education of Colleton 
County per annum shall be three hundred dollars to be paid in monthly install- 
ments out of the funds of the county board of education. 

1942 Code § 5313; 1932 Code § 5328; Civ. C. '22 § 2578; Civ. C. '12 § 1728; Civ. C. '02 
§ 119S; 1883 (18) 535; 1891 (20) 1114, 1268, 1391; 1893 (21) 492; 1899 (21) 1057; 1905 
(24) 836; 1917 (30) 125; 1927 (35) 32; 1929 (36) 8, 63; 1932 (37) 1307; 1940 (41) 1664, 

§ 21-85. Same ; Pickens County. 

In Pickens County the county superintendent of education shall be paid the 

sum of two hundred dollars per year for additional traveling expenses to be 

paid out of the county board of education fund of Pickens County. 

1942 Code § 5313; 1932 Code § 5328; Civ. C. '22 § 2578; Civ. C. '12 § 1728; Civ. C. '02 
§ 1198; 1883 (18) 535: 1891 (20) 1114, 1268, 1391: 1893 (21) 492; 1899 (21) 1057; 1905 
(24) 836; 1917 (30) 125; 1927 (35) 32; 1929 (36) 8, 63; 1932 (37) 1307; 1940 (41) 1664. 

[3 SC Code]— 2 17 



§ 21-86 Code of Laws of South Carolina § 21-90 

§ 21-86. Same ; maximum expenses in Saluda County. 

The amount allowed the superintendent of education of Saluda County for 

travelling expenses shall not exceed the sum of fifty dollars. 

1942 Code § 5313; 1932 Code § 5328; Civ. C. '22 § 2578; Civ. C. '12 § 1728; Civ. C. '02 
§ 1198; 1883 (18) 535; 1891 (20) 1114, 1268, 1391; 1893 (21) 492; 1899 (21) 1057; 1905 
(24) 836; 1917 (30) 125; 1927 (35) 32; 1929 (36) 8, 63; 1932 (i7) 1307; 1940 (41) 1664. 

§ 21-87. Annual reports to county superintendent. 

Any teacher, principal or superintendent employed in the schools of this 
State, supported in whole or in part at public expense, shall file within two 
weeks after the close of the session of such school a full and accurate report 
as required by law. Any person neglecting, refusing or omitting to file such 
report when requested by the county superintendent of education shall be 
liable to the cancellation of his certificate to teach by the State Board of Edu- 
cation and to a fine of not more than twenty-five dollars to be imposed at the 
discretion of the county board of education. 

1942 Code § 5350; 1932 Code §§ 1559, 5376; Civ. C. '22 § 2622; Cr. C. '22 § 507; 1913 
(28) 191. 

§ 21-88. Blank. 

§ 21-89. Private schools to report to county superintendents. 

All private schools shall report to the county superintendent of education, 

upon request therefor of the county wherein such school is located, the number 

of pupils receiving instruction, the number in regular attendance, the number 

of teachers employed and such other facts as will show the grade and amount 

of educational work actually done in such private school. The management 

of any private school neglecting, refusing or omitting to file such report within 

two weeks after the close of the regular session shall be subject to a fine of 

not more than twenty-five dollars. 

1942 Code § 5351; 1932 Code §§ 1560, 5377; Civ. C. '22 § 2623; Cr. C. '22 § 508; 1913 
(28) 191. 

§ 21-90. County superintendents to file annual reports. 

Each county superintendent of education shall file with the State Super- 
intendent of Education within two months after the close of the scholastic 
year a full and accurate report of all schools under his supervision. This 
section shall also apply to outgoing county superintendents whose terms of 
office expire on June 30th. County supervisors and county treasurers are 
hereby enjoined from paying August salaries in case of incumbents or June 
salaries in case of outgoing county superintendents until such reports have 
been filed with the State Superintendent of Education and receipts therefor 
from the State Superintendent of Education shall have been presented. Any 
county supervisor or county treasurer violating this section shall be guilty of 
a misdemeanor and upon conviction thereof in a court of competent jurisdiction 
shall be fined within the discretion of the court in a sum not less than three 
hundred dollars. Any county superintendent failing to make such report 
shall be guilty of a misdemeanor and, upon- conviction thereof in a court of 

18 [3SCCode] 



§21-91 Education §21-101.1 

competent jurisdiction, shall be fined in the discretion of the court in a sum 

not exceeding fifty dollars. Any and all moneys collected under the provisions 

of this section shall be paid into the county treasurer, to be disbursed as a part 

of the county board fund authorized by law. 

1942 Code §§ 5352, 5354; 1932 Code §§ 1558, 5378, 5380; Civ. C. '22 §§ 2624, 2626; Cr. 
C. '22 § 506; 1913 (28) 191; 1925 (34) 181. 

§21-91. Annual reports. 

The annual report of the county superintendent of education shall contain 
the complete statistics of all schools within his county supported in whole or 
in part from the public funds, as may be required of him by the State Super- 
intendent of Education. 

1942 Code § 5306; 1932 Code § 5313; Civ. C. '22 § 2570; Civ. C. '12 § 1721; Civ. C. '02 
§ 1190; 1896 (22) 150. 

Cited in Varn v. Beattie, 171 S. C. 424, 
172 S. E. 442 (1934). 



CHAPTER 5. 

County Boards of Education. 

Sec. Sec. 

21-101. Appointment and term. 21-103. Determination of local controver- 

21-101.1. Quorum of board. sies; appeals. 

21-102. Advisory board to county superin- 21-104. Meetings of county board, 

tendent. 21-105. School terms. 

§21-101. Appointment and term. 

There shall be a county board of education in each county which, except as 
otherwise expressly provided, shall be composed of seven members, six of 
whom shall be appointed by the Governor upon the recommendation of the 
Senator and at least one-half of the members of the House of Representatives 
from the county, who shall serve terms of four years each commencing on 
May first in each year preceding the year of a presidential election. Any va- 
cancies on the county boards of education shall be filled in the same manner 
for the unexpired terms. The county superintendents of education shall be ex 
officio members of the county boards of education in those counties in which 
the county superintendent of education is elected by the people and in counties 
in which the county superintendent of education is not elected by the people 
the seventh member shall be appointed in the same manner and for the same 
term as the other six members. 

1951 (47) 546. 

§21-101.1. Quorum of board. 

A majority of the members of the county board of education shall constitute 
a quorum for the transaction of the business of the board. 
1951 (47) 546. 

19 



§ 21-102 



Code of Laws of South Carolina 



§21-103 



§ 21-102. Advisory board to county superintendent. 

The county board of education shall constitute an advisory body with whom 

the count}- superintendent of education shall have the right to consult when 

he is in doubt as to his official duly. 

1942 Code § 5317; 1932 Code § S348; Civ. C. '22 § 2597; Civ. C. '12 § 1736; Civ. C. '02 
§ 1203; 1896 (22) 161. 



§ 21-103. Determination of local controversies ; appeals. 

The county board of education shall constitute a tribunal for determining 
any matter of local controversy in reference to the construction or administra- 
tion of the school laws, with the power to summon witnesses and take testi- 
mony, if necessary. Any decision made by a county board of education shall 
be binding upon the parties to the controversy; provided that either of the 
parties shall have the right to appeal to the State Board of Education. Such 
appeal shall be made through the count)- board of education, in writing, and 
shall distinctly set forth the question in dispute, the decision of the county 
board and the testimony as agreed upon by the parties to the controversy or, 
if they fail to agree, as reported by the count)' board. 

1942 Code § 5317; 1932 Code § 5348; Civ. C. '22 § 2597; Civ. C. '12 § 1736; Civ. C. '02 
§ 1203; 1896 (22) 161. 



This section does not violate S. C. Const., 
Art. 1, § 14, pertaining to separation of 
powers. Willow High School Dist. v. Un- 
ion High School District, 216 S. C. 445, 58 
S. E. (2d) 729 (1950). 

The appellate jurisdiction of the State 
Board of Education is dependent upon the 
provisions of this section and § 21-46. Pat- 
rick v. Maybank, 198 S. C. 262, 17 S. E. 
(2d) 530 (1941). 

Being limited to matters of local contro- 
versy. — While the terms of § 21-46 are 
rather broad, they must of course be con- 
strued in connection with the provisions of 
this section, from which it clearly appears 
that the appellate jurisdiction of the State 
Board of Education was intended to be lim- 
ited to matters of local controversv. Pat- 
rick v. Maybank, 198 S. C. 262, 17 S. E. 
(2d) 530 (1941). 

Thus appeal does not apply to creation 
or consolidation of school district unless 
local controversy. — The right to appeal to 
the State Board of Education has been held 
not to apply to the creation of a school 
district or the consolidation of school dis- 
tricts under 1932 Code § 5350 (now amend- 
ed and replaced by §§21-111 to 21-114), 
unless such action of the county board 
could reasonably be deemed a matter of 
local controversy. Patrick v. Maybank, 198 
S. C. 262, 17 S. E. (2d) 530 (1941). 

Elimination of school district is not local 
controversy. — The elimination of a school 
district by consolidation is not a matter of 



local controversy within this section, per- 
mitting an appeal to the State Board of 
Education. School Dist. v. Montgomery, 
150 S. C. 391, 148 S. E. 218 (1929). 

Nor is action for breach of teaching con- 
tract. — Action by a school teacher for dam- 
ages for breach of contract to teach school 
is not a "matter of local controversy in 
reference to the construction or administra- 
tion of the school laws." Hughes v. School 
Dist., 66 S. C. 259, 44 S. E. 784 (1903). 

But removal of trustees by county board 
is local controversy. — Where a county 
board adopted a resolution removing cer- 
tain trustees, thereafter appointing others 
in their stead, and the trustees thus re- 
moved denied the right of power of the 
county board of education to remove them 
and thereupon brought a suit seeking relief 
by way of an injunction to restrain the 
carrying out of the board's resolution, the 
court held this a matter of local controver- 
sy for the trial of which the legislature, in 
the laws governing public schools, has pro- 
vided an appropriate remedy, with suitable 
tribunals and methods of procedure. Brown 
v. County Board of Education, 186 S. C. 
325. 195 S. E. 642 (1938). 

Appeal to State Board is proper remedy 
to secure teacher's certificate. — In view of 
this section and § 21-46. mandamus to re- 
quire county board of education to issue a 
teacher's certificate to a graduate of Green- 
ville College for Women on its diploma is 
not the proper remedy, but an appeal 



20 



§21-104 



Education 



§21-105 



should be made instead to the State Board 
of Education. Ex parte Greenville College, 
75 S. C. 93, 55 S. E. 132 (1906). 

And also to determine school to be at- 
tended by pupils. — Where there was a con- 
troversy before a county board of education 
as to the high school certain pupils should 
attend, the remedy of the party feeling 
aggrieved by the decision of the county 
board of education was not by appeal to 
the court of common pleas but to the State 
Board of Education, a suitable tribunal 



fixed by this section to hear such appeals. 
Willow High School Dist. v. Union School 
Dist., 216 S. C. 445, 58 S. E. (2d) 729 
(1950). 

Applied in Poole v. Bagwell, 119 S. C. 
23, 111 S. E. 788 (1922). 

Quoted in State v. Hiers, 51 S. C. 388, 29 
S. E. S9 (1893); In re School Dist., 153 S. 
C. 222, 150 S. E. 776 (1929); Turner v. 
Joseph Walker School Dist. No. 9, 215 S. 
C. 472, 56 S. E. (2d) 243 (1949). 



§21-104. Meetings of county board. 

The county board of education shall meet for the transaction of business at 
least twice a year, at such times as the State Board of Education shall ap- 
point. The county superintendent shall be chairman and clerk of the board 
and shall keep a fair record of its proceedings. The board shall hold as many 
additional meetings during the year as the interest of the free public schools 
of the county may require, subject to regulations prescribed by the State 
Board of Education. 

1942 Code § 5318; 1932 Code § 5349; Civ. C. *22 § 2598; Civ. C. '12 § 1737; Civ. C. '02 
§ 1204; 1S96 (22) 161. 

§21-105. School terms. 

The county boards of education shall regulate the opening and closing of 

the school terms so as best to promote and subserve the educational interest 

of the different sections of their counties. 

1942 Code § 5374; 1932 Code § 5401; Civ. C. '22 § 2645; Civ. C. '12 § 1777; Civ. C. '02 
§ 1228; 1900 (23) 366; 1929 (36) 100. 

Cross references. — As to general powers teachers, see §21-354. As to physical ex- 
and duties of school trustees, see § 21-230. animation of pupils, see §§ 21-753 to 21-755. 
As to the general qualifications of school 



Sec. 
21-111. 



Article 1. 
General Provisions. 



CHAPTER 6. 
School Districts. 
Sec. 



School districts bodies politic and 
corporate. 

21-112. Alteration of boundaries or division 
of school districts. 

21-113. Same; effect on bonds or payment 
for buildings of existing districts. 

21-114. Same; consolidated district for en- 
tire county; district formed from 
two or more counties. 

21-114.1. Consolidation of school districts 
by county board of education. 



21-114.2. Same; filing order of consolida- 
tion. 

21-114.3. Same; effect of consolidation. 

21-115. Area of districts in Lexington 
County. 

21-116. Dissolution of school districts in ad- 
joining counties. 

Article 2. 

School District No. 47, Aiken and 
Orangeburg Counties. 

21-131. Right to portion of Orangeburg 
County tax. 



21 



§21-111 



Code of Laws of South Carolina 



§21-111 



Article 3. 
Sec. 

Gantt School District, Anderson and 
Greenville Counties. 

21-141. Administration. 
21-142. Tax levy. 



Article 4. 

School District No. 10, Beaufort and 
Jasper Counties. 
Sec. 
21-151. Formation. 
21-152. Trustees. 
21-153. Expense of operation. 
21-154. Dissolution. 

Article 5. 
Kershaw High School District. 

21-197. Trustees. 



Article 1. 
General Provisions. 

§ 21-111. School districts bodies politic and corporate. 

Every school district is and shall be. a body politic and corporate, by the 

name and style of (a descriptive name may be designated by the 

county board of education or legislative act) School District No 

(such number may be designated by the county board of education or legis- 
lative act), of County (the name of the county in which the 

district is situated), the State of South Carolina. In that name it may sue 
and be sued and be capable of contracting and being contracted with to the 
extent of its school fund and holding such real and personal estate as it may 
have or come into possession of, by will or otherwise, or as is authorized by 
law to be purchased, all of which shall be used exclusively for school purposes. 

1942 Code § 5319; 1938 (40) 429; 1950 (46) 2504. 



Cross reference. — As to constitutional 
provision against incorporation of school 
districts bv special law, see S. C. Const., 
Art. 3, § 34. 

School districts are not liable in ex delicto 
actions. — It was not the intent of the leg- 
islature in the enactment of this section to 
make a school district liable in an action 
ex delicto, as it is not so expressly provid- 
ed bv its terms. Sherbert v. School Dis- 
trict.' No. 85, 169 S. C. 191, 168 S. E. 391 
(1933). 

Counsel is employed only in corporate 
matters. — The capacity to sue and be sued 
carries with it all powers that are ordinar- 
ily incident to the prosecution or defense 
of an action at law or a suit in equity, in- 
cluding the power to employ counsel. But 
a school district having the capacity to sue 
and be sued and the authority to contract 
has no right to exercise the power of em- 
ploying counsel, except in matters relating 
to its corporate rights or functions. It 
necessarily follows that a school district is 



without power to employ counsel and to 
pay his compensation out of public funds in 
matters not involving the interests of the 
schools of the district. Paslav v. Brooks, 
198 S. C. 345. 17 S. E. (2d) 865 (1941). 

Districts have no interest in trustee can- 
didates. — A school district in its corporate 
capacity has no interest in the success of 
any individual or group of candidates who 
may run for the office of school trustee. 
Paslav v. Brooks, 198 S. C. 345, 17 S. E. 
(2d) 865 (1941). 

School district trustees had authority to 
make contract for purchase of bus to trans- 
port children in district. Homestead Bank 
v. Best, 174 S. C. 522, 178 S. E. 143 (1935). 

And are liable therefor in absence of 
fraud. — Trustees of school district receiv- 
ing and using school bus for price of which 
trustees executed note, which district ad- 
mittedly had money to pay when due, were 
liable thereon in absence of fraud. Home- 
stead Bank v. Best, 174 S. C. 522, 178 
S. E. 143 (1935). 



22 



§21-112 Education §21-112 

§ 21-112. Alteration of boundaries or division of school districts. 

Unless otherwise expressly provided, the school districts of the various 
counties shall not be altered or divided except : 

(1) By act of the General Assembly relating to one or more counties ; or 

(2) By authorization of the county boards of education under the follow- 
ing conditions : 

(a) With the written approval of the Senator and the entire house legis- 
lative delegation from the county involved; 

(b) Upon a written petition, signed by at least four fifths of the qualified 
electors embraced within the limits of each of the school districts involved, 
which shall state plainly to the county board of education the action petitioned 
and shall also bear the signed certificate of the members of the county board 
of registration that the number of electors who signed the petition represent 
at least four fifths of the qualified electors embraced within the limits of each 
of the school districts involved ; or 

(c) Upon the written petition, signed by at least one third of the qualified 
electors embraced within the limits of each of the school districts involved, 
which shall state primarily the action petitioned and shall bear the signed 
certificate of the members of the county board of registration that the number 
of the electors who signed the petition represent at least one third of the 
qualified electors embraced within the limits of each of the school districts 
involved ; if such consolidation be approved favorably by a majority of the 
qualified electors of each of the school districts involved at an election called 
by the county board of education for the purpose. 

1942 Code § 5319; 193S (40) 429; 1950 (46) 2504; 1951 (47) 546. 

Petition needed to consolidate school dis- ty Board of Education, 141 S. C. 347, 139 

tricts. — Districts may not be consolidated S. E. 775 (1927). 

except on the petition of the required num- Making petition does not require forma- 

ber of voters of each district. Goggans v. tion of new district. — While a new school 

State Board of Education, 133 S. C. 183, district may not be created without the 

130 S. E. 645 (1925). necessary petition being made, yet the 

Must be signed by requisite number of county board is not required even when 
voters. — This section precludes the county such petition is made to form the new dis- 
board of education from creating a new trict. Kearse v. Lancaster County Super- 
school district, where the requi;ite number intendent of Education, 172 S. C. 59, 172 
of qualified voters of one of the districts in- S. E. 767 (1934). 

eluded in the proposed consolidation did not Appeal to State Board of Education con- 
petition therefor. School Dist. v. Montgom- cerning consolidation. — The right to ap- 
ery, 150 S. C. 391, 148 S. E. 218 (1929). peal to the State Board of Education does 

Under one of the provisos in this section, not apply to the creation of a school dis- 
a county board of education is without au- trict or the consolidation of school dis- 
thority and jurisdiction to consolidate two tricts under this section, unless such action 
school districts, in the absence of a petition of the county board could reasonably be 
of at least one third of the qualified voters. deemed a matter of local controversy. Pat- 
Mills v. State Board of Ed., 167 S. C. 429, rick v. Mavbank, 198 S. C. 262, 17 S. E. 
166 S. E. 500 (1932). (2d) 530 (1941). 

Who may be registered outside district. Constitutional provision as to Lexington 

Persons signing a petition opposing the County. — Proviso of constitutional amend- 

consolidation of a school district were ment exempting Lexington County there- 

"qualified voters" of the district within from, and providing that General Assem- 

this section, though registered outside of bly might fix area of school districts in such 

the district. Watson v. Spartanburg Coun- county, did not affect existing statute limit- 

23 



§21-113 Code of Laws of South Carolina §21-114.3 

ing area of school districts. Kvzer v. Dent, Applied in Matthews v. Lynch, 110 S. C. 

163 S. C. 403, 161 S. E. 690 (1931). 63, 96 S. E. 494 (1918); Waterloo School 

For additional related cases, see Hilde- Dist. v. Cross Hill School Dist., 106 S. C. 

brand v. High School Dist., 138 S. C. 445, 292, 91 S. E. 257 (1917). 

136 S. E. 757 (1927); Walker v. Bennett, Cited in Turner v. Joseph Walker School 

125 S. C. 389, 118 S. E. 779 (1923); Galli- Dist. No. 9, 215 S. C. 472, 56 S. E. (2d) 243 

shaw v. Jackson, 99 S. C. 342, 83 S. E. 454 (1949). 
(1914); Aiken County v. Murray, 35 S. C. 
SOS, 14 S. E. 954 (1892) ; State v. Bacon, 31 
S. C. 120, 9 S. E. 765 (1889). 

§ 21-113. Same; effect on bonds or payment for buildings of existing districts. 

When any school district laid out under section 21-112 shall embrace cities 
or towns already organized into special school districts in which graded school 
buildings have been erected by the issue of bonds, by special taxation or by 
donation, all the territory included in such school district shall bear its just 
proportion of any tax that may be levied to liquidate such bonds or support 
the public schools therein. 

1942 Code § 5319; 1938 (40) 429; 1950 (46) 2504. 

§21-114. Same; consolidated district for entire county; district formed from 
two or more counties. 

All of the school districts of any county may be consolidated into a single 
school district embracing the entire county in the manner provided by § 21-112 
for the alteration or division of school districts, and whenever territory 
embraced in two or more counties is proposed to be formed into one school 
district such district may be formed by the joint action of the boards of edu- 
cation of the respective counties as provided in § 21-112 for the formation of 
school districts in a county. 

1942 Code § 5319; 1938 (40) 429; 1950 (46) 2504. 

§ 21-114.1. Consolidation of school districts by county board of education. 

A county board of education may consolidate schools and school districts, 
in whole or in part, whenever, in its judgment, such consolidation will pro- 
mote the best interests of the cause of education in the county. 

1951 (47) 546. 

§ 21-1 14.2. Same ; filing order of consolidation. 

When two or more districts are consolidated under the provisions of § 21- 
114.1 the county board of education shall file a copy of the order of consolida- 
tion in the office of the clerk of court and with the State Educational Finance 
Commission. Such filing shall complete the consolidation of such districts 
for all intents and purposes. 

1951 (47) 546. 

§ 21-114.3. Same; effect of consolidation. 

Upon consolidation of any two or more school districts, all property, real and 
personal, and all assets of the districts forming the consolidated school district 
shall become the property of the consolidated district and all liabilities of the 

24 



§21-115 Education §21-142 

consolidating districts shall become the obligations of such consolidated dis- 
trict. Each such consolidated district shall be a body politic and corporate 
and its board of trustees shall have such powers as are provided by law. 
1951 (47) 546. 

§ 21-115. Area of districts in Lexington County. 

The area of school districts in Lexington County shall not exceed two hun- 
dred and fifty square miles. 

1949 (46) 451. 

§ 21-116. Dissolution of school districts in adjoining counties. 

Any school district formed of parts of two or more counties under the pro- 
visions of § 21-114 may be dissolved in the same manner as that by which it 
may have been formed, as provided in said section. 

1942 Code § 5320; 1932 Code § 5353; Civ. C. '22 § 2600; Civ. C. '12 § 1739; 1910 (26) 694. 

Article 2. 
School District No. 47, Aiken and Orangeburg Counties. 

§ 21-131. Right to portion of Orangeburg County tax. 

School District No. 47, situated partly in Orangeburg and partly in Aiken 
Counties, is hereby declared to be entitled to a portion of the two and one-half 
mills levied by Orangeburg County for the expenses of one month of the school 
term. Such portion shall be based on the number of pupils who are residents 
of Orangeburg County attending the district school so that the per capita pay- 
ment shall be the same as for resident pupils attending school in Orangeburg 
County. 

1942 Code § 3644-5; 1934 (38) 2148. 

Article 3. 

Gantt School District, Anderson and Greenville Counties. 

§ 21-141. Administration. 

Columbia School District No. 25 of Greenville County having been con- 
solidated with and annexed to and made a part of Gantt School District No. 34 
of Anderson County, the combined area of the two former districts shall be 
known and designated as Gantt School District of Anderson and Greenville 
Counties. The administration and operation of the schools of the district 
as consolidated shall be under the board of trustees for Gantt School District 
of Anderson County. 

1950 (46) 2547. 

§21-142. Tax levy. 

The tax levy imposed annually for school purposes on the taxable property 
of the area comprised of said school district in Anderson County is hereby im- 
posed on the taxable property of that portion of the district included in 
Greenville County and the auditor of Greenville County shall levy and the 

25 



§ 21-151 Code of Laws of South Carolina § 21-154 

treasurer of said county shall collect such taxes on the taxable property of 
the district within Greenville County, as other taxes are collected, and pay the 
same annually over to the treasurer of Anderson County, to be placed by such 
treasurer to the credit of said district and paid out as provided by law for 
school purposes. 
1950 (46) 2547. 

Article 4. 
School District No. 10, Beaufort and Jasper Counties. 

§21-151. Formation. 

Hardeeville School District No. 6, of Beaufort County, and Hardeeville 
School District No. 10, of Jasper County, have heretofore been consolidated 
into one district known as Hardeeville School District No. 10, of Beaufort and 
Jasper Counties. 

1942 Code § 5535; 1932 Code § 5516; 1928 (35) 1756; 193S (40) 1766. 

§21-152. Trustees. 

Said consolidated school district shall have four trustees, two of whom shall 
be appointed from Beaufort County and two of whom shall be appointed from 
Jasper County. Such appointments shall be made by the county boards of 
education of the respective counties. The appointments herein provided shall 
be so arranged that one-half of the membership of the board shall be appointed 
every year. 

1942 Code § 5535; 1932 Code § 5516; 1928 (35) 1756; 1938 (40) 1766. 

§ 21-153. Expense of operation. 

The counties of Beaufort and Jasper shall pay the expenses, including trans- 
portation, of operating all schools in said district in the proportion that the 
number of pupils in each school from one county bears to the other, and all 
state aid shall be divided between the counties in the same proportion. 

1942 Code § 5535; 1932 Code § 5516; 1928 (35) 1756; 1938 (40) 1766. 

§ 21-154. Dissolution. 

On the dissolution of said consolidated district the school building thereof 
and the equipment therein shall become the property of the school district 
in which it is located upon the payment to the other school district of one-half 
of the value of such building and equipment determined at that time by the 
county boards of education of Jasper and Beaufort Counties and, in case they 
cannot agree, then by the State Superintendent of Education. The sum agreed 
upon shall be paid in five annual equal installments and shall bear interest 
at the rate of six per cent per annum from the date of such dissolution. All 
payments shall be made within six years from the date of such dissolution. 

1942 Code § 5535; 1932 Code § 5516; 1928 (35) 1756; 1938 (40) 1766. 



26 



§21-197 Education §21-221 

Article 5. 
Kershaw High School District. 

§ 21-197. Trustees. 

Six trustees for Kershaw High School District, which lies partly in Kcr- 
shaw County and partly in Lancaster County, shall be appointed or shall serve 
ex officio pursuant to the provisions of § 21-3162 and three trustees of such dis- 
trict shall be elected every two years by the patrons and resident taxpayers 
in the Lancaster County portion of said District in the manner provided for the 
election of trustees of other high school districts in Lancaster County. Two of 
the trustees appointed from Kershaw County shall hold office for one year and 
the four ex officio members as provided in § 21-3162 and the trustees elected 
from Lancaster County shall hold office for two years. 

1942 Code § 5612-3; 1932 Code § 5562; 1931 (37) 1092; 1945 (44) 191; 1950 (46) 2172. 



CHAPTER 7. 

School Trustees. 

Sec. Sec. 

21-221. Districts under management of 21-231. Gifts to school trustees; bond pre- 

boards of trustees. requisite to receipt. 

21-222. Composition of boards of school 21-232. School trustees may purchase lands. 

trustees; term. 21-233. May condemn such lands. 

21-223. Appointment of members. 21-234. Jury for such condemnation. 

21-224. Same; special provisions not super- 21-235. Vesting of title and deeds to lands 

seded by § 21-223. so condemned. 

21-224.1. Same; appointment and term of 21-236. Appeal to court as to valuation, 

trustees for consolidated dis- 21-237. When clerk to execute deed, 

tricts. 21-238. Trustees may sell school property. 

21-225. Removal of trustees; vacancies. 21-239. Contracts in excess of funds void. 

21-226. Chairman and clerk of board. 21-240. Trustees not to receive pay as teach- 
21-227. Meetings. ers. 

21-228. Requirements for purchases and 21-241. Exercising office of trustee after 

teacher employment. termination of office. 

21-229. Sections 21-222 to 21-228 inapplica- 21-242. Bridge and ferry charges. 

ble in Georgetown County. 21-243. Annual report of trustees of certain 
21-230. General powers and duties of school districts. 

trustees. 

§ 21-221. Districts under management of boards of trustees. 

Each school district shall be under the management and control of the 

board of trustees provided for in this article, subject to the supervision and 

orders of the county board of education. 

1942 Code § 5328; 1932 Code § 5354; Civ. C. '22 § 2601; Civ. C. '12 § 1740; Civ. C. '02 
§ 1206; 1896 (21) 162; 1919 (31) 78. 

Cross references.— As to advisory board "Management and control" do not import 

to county superintendent, see § 21-102. As any power beyond that demanded from 

to appeals to State Board of Education, see their ordinary meaning. Young v. Trus- 

§21-103. tees, 64 S. C. 131, 41 S. E. 824 (1902). 

27 



§21-222 Code of Laws of South Carolina §21-224 

School trustees are legislative officers Applied in Hughes v. School Dist., 66 

whose terms may be ended or extended at S. C. 259, 44 S. E. 784 (1903): Brown v. 

the will of tiie legislature. Walpole v. Wall, County Board of Education, 186 S. C. 325, 

153 S. C. 106, 149 S. E. 760 (1929). 195 S. E. 642 (1938). 

§ 21-222. Composition of boards of school trustees; terms. 

Unless it be specially provided otherwise by law the boards of school trustees 
in this State shall be composed of three members, each of whom when ap- 
pointed, pursuant to the terms hereof, shall hold office for a term of three years. 

1942 Code § 5343; 1932 Code § 5369; Civ. C. '22 § 2615; Civ. C. '12 § 1752; Civ. C. '02 
§ 1210; 1903 (23) 64; 1904 (23) 528; 1906 (24) 31; 1914 (28) 480, 567; 1915 (29) 108; 
1917 (30) 306; 1918 (30) 3; 1919 (31) 209, 212, 653; 1920 (31) 837; 1921 (32) 93; 1922 
(32) 768, 784; 1926 (34) 1017; 1927 (35) 244, 259; 1928 (35) 1197; 1930 (36) 1307, 1518, 
1960; 1933 (38) 493; 1937 (40) 235, 579. 

Section is constitutional. — This section is S. E. 294 (1910); Hughes v. School Dist., 

not violative of S. C. Const., Art. 3, §34, 66 S. C. 259, 44 S. E. 784 (1903); Young v. 

subdiv. 9, prohibiting the enactment of Trustees, 64 S. C. 131, 41 S. E. 824 (1902). 
special laws where the general law can be Applied in Becknell v. Waters, 156 S. C. 

made applicable. State v. Meares, 148 S. C. 77, 152 S. E. 816 (1930); State v. Meares, 

118, 145 S. E. 695 (1928). 148 S. C. 118, 145 S. E. 695 (1928). 

For additional related cases, see Ex parte Quoted in Craig v. Bell, 211 S. C. 473, 

Alverson, 123 S. C. 539, 117 S. E. 316 46 S. E. (2d) 52 (1948). 
(1923); Welch v. Getzen, 85 S. C. 156, 67 

§21-223. Appointment of members. 

The original trustees having been appointed for terms of one, two and three 
years, respectively, the county boards of education shall, during the first 
week of April in each year, appoint one trustee for each district from the 
qualified electors and taxpayers residing in the district for which the appoint- 
ment is made to succeed the trustee whose term expires during that year and 
to serve with the holdover members until his successor has been appointed and 
qualified. 

1942 Code § 5343; 1932 Code § 5369; Civ. C. '22 § 2615; Civ. C. '12 § 1752; Civ. C. "02 
§ 1210; 1903 (23) 64; 1904 (23) 528; 1906 (24) 31; 1914 (28) 480, 567; 1915 (29) 106: 
1917 (30) 306; 1918 (30) 3; 1919 (31) 209, 212, 653; 1920 (31) 837; 1921 (32) 93; 1922 
(32) 768, 784; 1926 (34) 1017; 1927 (35) 244, 259; 1928 (35) 1197; 1930 (36) 1307, 1518, 
1960; 1933 (38) 493; 1937 (40) 235, 579. 

Cross reference. — See notes to § 21-222. not a qualified elector of the district, is a 

De facto trustee. — One appointed a trus- de facto trustee. Dove v. Kirkland, 92 S. 

tee of a school district, though under this C. 313, 75 S. E. 503 (1912). 

section not qualified to act as such because 

§ 21-224. Same; special provisions not superseded by § 21-223. 

The provisions of § 21-223 shall neither repeal, supersede nor annul any spe- 
cial act providing for the appointment or election of school trustees in any 
school district or in any of the several counties of the State. 

1942 Code § 5343; 1932 Code § 5369; Civ. C. '22 § 2615; Civ. C. '12 § 1752; Civ. C. '02 
§ 1210; 1903 (23) 64; 1904 (23) 528; 1906 (24) 31; 1914 (28) 480, 567; 1915 (29) 106; 
1917 (30) 306; 1918 (30) 3; 1919 (31) 209, 212, 653; 1920 (31) 837; 1921 (32) 93; 1922 
(32) 768, 784; 1926 (34) 1017; 1927 (35) 244, 259; 1928 (35) 1197; 1930 (36) 1307, 1518, 
1960; 1933 (38) 493; 1937 (40) 235, 579. 

Cross reference. — See notes to § 21-222. 
Quoted in Craig v. Bell, 211 S. C. 473, 
46 S. E. (2d) 52 (1948). 

28 



§ 21-224.1 Education § 21-227 

§ 21-224.1. Same; appointment and term of trustees for consolidated districts. 

When school districts are consolidated, the county board of education shall 
appoint, from within the consolidated district, five trustees to serve as trustees 
of the new district, two for a term of one year, two for a term of two years and 
one for a term of three years. Thereafter the successors of all such trustees 
shall be elected for a term of three years or be appointed as provided by law. 

1951 (47) 546. 

§ 21-225. Removal of trustees ; vacancies. 

School district trustees shall be subject to removal from office for cause by 
the county boards of education, upon notice and after being given an oppor- 
tunity to be heard by the county board of education. Any such order of 
removal shall state the grounds thereof, the manner of notice and the hearing 
accorded the trustee, and any such trustee shall have the right to appeal to 
the State Board of Education within ten days after service of such order 
upon him. Vacancies occurring in the membership of any board of trustees 
for any cause shall be filled for the unexpired term by the county board of 
education in the same manner as provided for full term appointments. 

1942 Code § 5343; 1932 Code § 5369; Civ. C. '22 § 2615; Civ. C. '12 § 1752; Civ. C. '02 
§ 1210; 1903 (23) 64; 1904 (23) 528; 1906 (24) 31; 1914 (28) 480, 567; 1915 (29) 106; 
1917 (30) 306; 1918 (30) 3; 1919 (31) 209, 212, 653; 1920 (31) 837; 1921 (32) 93; 1922 
(32) 768, 784; 1926 (34) 1017; 1927 (35) 244, 259; 1928 (35) 1197; 1930 (36) 1307, 1518, 
1960; 1933 (38) 493; 1937 (40) 235, 579. 

Cross reference.— See notes to § 21-222. Education, 186 S. C. 325, 195 S. E. 642 
Applied in Brown v. County Board of (1938). 

§ 21-226. Chairman and clerk of board. 

The trustees shall, as soon as practicable after the appointment of any new 

trustee, organize by the election of one of their members as chairman and 

another as clerk of the board. The chairman shall preside at meetings of 

the board and perform other duties imposed on him under the law, and the 

clerk shall keep a record of the proceedings of all meetings in a book provided 

for that purpose and perform all other duties recmired of him by law. 

1942 Code § 5343; 1932 Code § 5369; Civ. C. '22 § 2615; Civ. C. '12 § 1752; Civ. C. '02 
§ 1210; 1903 (23) 64; 1904 (23) 528; 1906 (24) 31; 1914 (28) 480. 567; 1915 (29) 106; 
1917 (30) 306; 1918 (30) 3; 1919 (31) 209, 212, 653; 1920 (31) 837; 1921 (32) 93; 1922 
(32) 768, 784; 1926 (34) 1017; 1927 (35) 244, 259; 1928 (35) 1197; 1930 (36) 1307, 1518, 
1960; 1933 (38) 493; 1937 (40) 235, 579. 

Cross reference. — See notes to § 21-222. 

§ 21-227. Meetings. 

Each board of trustees shall hold a regular session in its school district 

at least two weeks before the commencement of each school term for the 

transaction of any business necessary to the prosperity of the schools, with 

power to adjourn from time to time, and may hold special meetings at any time 

or place when called by the chairman or any two members of the board. All 

meetings shall be at the most convenient and practicable place in the district. 

1942 Code §§ 5343, 5344; 1932 Code §§ 5369, 5370; Civ. C. '22 §§ 2615. 2617; Civ. C. '12 
§§ 1752, 1754; Civ. C. '02 §§ 1210, 1212; 1896 (21) 165; 1503 (23) 64; 1904 (23) 528; 1906 

29 



§ 21-228 Code of Laws of South Carolina § 21-230 

(24) 31; 1914 (28) 480, 567; 1915 (29) 106; 1917 (30) 306; 1918 (30) 3; 1919 (31) 209, 
212, 653; 1920 (31) 837; 1921 (32) 93; 1922 (32) 768, 784; 1926 (34) 1017; 1927 (35) 244, 
259; 1928 (35) 1197; 1930 (36) 1307, 1518, 1960; 1933 (38) 493; 1937 (40) 235, 579. 

Cross reference. — See note to § 21-222. 

§ 21-228. Requirements for purchases and teacher employment. 

No teacher or other employee shall be employed or any purchase made 

except in a duly called meeting of the board of which each member has been 

notified in writing by the clerk of the board of the time, place and purpose 

thereof at least three days in advance of such meetings or unless a written 

waiver of such notice of meeting is signed by each member of the board of 

trustees and unless such action or the memoranda of the terms of any such 

contract of employment or purchase shall be duly recorded in the minutes 

of such meeting and approved by the board. No contract shall be entered into 

with teachers before April 15th of each year. 

1942 Code § 5343; 1932 Code § 5369; Civ. C. '22 § 2615; Civ. C. '12 § 1752; Civ. C. '02 
§ 1210; 1903 (23) 64; 1904 (23) 528; 1906 (24) 31; 1914 (28) 480, 567; 1915 (29) 106; 
1917 (30) 306; 1918 (30) 3; 1919 (31) 209, 212, 653; 1920 (31) 837; 1921 (32) 93; 1922 
(32) 768, 784; 1926 (34) 1017; 1927 (35) 244, 259; 1928 (35) 1197; 1930 (36) 1307, 1518, 
1960; 1933 (38) 493; 1937 (40) 235, 579. 

Cross reference. — See notes to §21-222. 
Applied in Dukes v. Smoak, 181 S. C. 182, 
186 S. E. 780 (1936). 

§21-229. Sections 21-222 to 21-228 inapplicable in Georgetown County. 

The provisions of §§ 21-222 to 21-228 other than § 21-224.1, shall not apply 

to Georgetown County. 

1942 Code § 5343; 1932 Code § 5369; Civ. C. '22 § 2615; Civ. C. '12 § 1752; Civ. C. '02 
§ 1210; 1903 (23) 64; 1904 (23) 528; 1906 (24) 31; 1914 (28) 480, 567; 1915 (29) 106; 
1917 (30) 306; 1918 (30) 3; 1919 (31) 209, 212, 653; 1920 (31) 837; 1921 (32) 93; 1922 
(32) 768, 784; 1926 (34) 1017; 1927 (35) 244, 259; 1928 (35) 1197; 1930 (36) 1307, 1518, 
1960; 1933 (38) 493; 1937 (40) 235, 579; 1945 (44) 200. 

Cross reference. — See note to § 21-222. 

§ 21-230. General powers and duties of school trustees. 
The board of trustees shall also : 

(1) Provide schoolhouses. Provide suitable schoolhouses in their districts 
and make them comfortable, paying due regard to any schoolhouse already 
built or site procured, as well as to all other circumstances proper to be con- 
sidered so as best to promote the educational interest of the district ; 

(2) Employ and discharge teachers. Employ teachers from those having 
certificates from the State Board of Education, fix their salaries and discharge 
them when good and sufficient reasons for so doing present themselves, sub- 
ject to the supervision of the county board of education ; 

(3) Suspend or dismiss pupils. Suspend or dismiss pupils when the best 
interest of the schools make it necessary ; 

(4) Call meetings of electors for consultation. Call meetings of the qual- 
ified electors of the district for consultation in regard to the school interests 

30 



§21-231 Education §21-231 

thereof, at which meetings the chairman or other member of the board shall 
preside, if present ; 

(5) Control school property. Take care of, manage and control the school 
property of the district ; 

(6) Visit the schools. Visit the free public schools within its district from 
time to time and at least once in every school term and take care that they 
are conducted according to law and with the utmost efficiency ; 

(7) Control educational interests of district. Take the management and con- 
trol of the local educational interests of its district ; and 

(8) Matriculation and incidental fees. Charge and collect matriculation and 
incidental fees from the pupils when allowed by any special act of the Gen- 
eral Assembly. 

1942 Code § 5358; 1932 Code §§ 5384, 5596; Civ. C. '22 §§ 2616, 2630; Civ. C. '12 
§§ 1753, 1761; Civ. C. '02 §§ 1211, 1218; Cr. C. '22 § 452; 1896 (21) 165; 1920 (31) 1046; 
1923 (33) 180; 1937 (40) 75. 

The purpose of the supervision provided trustees of a graded school to charge a 

for in subd. 2 of this section is to vest the matriculation fee, in view of this section, 

county board of education with the author- Felder v. Johnston, 127 S. C. 215, 121 S. E. 

ity of an appellate tribunal in the matters 54 (1924). 

named. Presslev v. Nunnery, 109 S. C. As to location of schoolhouses, see Sligh 

509, 169 S. E. 413 (1933). v. Bowers, 62 S. C. 409, 40 S. E. 885 (1901). 

Where county board of education neither For additional related cases, see In re 

approved nor disapproved election of teach- School Dist., 153 S. C. 222, 150 S. E. 776 

er by school trustees, status of teacher un- (1929); Ex parte Sarratt, 103 S. C. 525, 88 

der contract of employment remained un- S. E. 259 (1916); Sarratt v. Cash, 103 S. C. 

affected, entitling teacher to payment for 531, 88 S. E. 255 (1916); Tucker v. Blcase, 

services. Pressley v. Nunnery, 169 S. C. 97 S. C. 303, 81 S. E. 668 (1914); State v. 

509, 169 S. E. 413 (1933). Elliott, 94 S. C. 35, 77 S. E. 728 (1913); 

Trustees formerly had no authority to State v. Daniel, 52 S. C. 201, 29 S. E. 633 

charge incidental fees. Young v. Trustees, (1898). 
64 S. C. 131, 41 S. E. 824 (1902). Applied in State v. Dick, 134 S. C. 46, 131 

Which fees may now be charged where S. E. 772 (1926); Hughes v. School Dist., 

authorized.— General school laws were held 66 S. C. 259, 44 S. E. 784 (1903). 
not to repeal a special act authorizing the 

§ 21-231. Gifts to school trustees ; bond prerequisite to receipt. 

The trustees of any school district of this State may take and hold in trust 
for their particular school district any property granted, devised, given or 
bequeathed to such school district and apply the same in the interest of the 
schools of their district in such manner as in their judgment seems most con- 
ducive to the welfare of the schools when not otherwise directed by the terms 
of the grant, devise, gift or bequest. Before such trustees shall assume con- 
trol of any grant, devise, gift or bequest they shall give a bond, to be approved 
by the county board of education of the county in which such grant, devise, 
gift or bequest is made, conditioned for the faithful discharge of the trust 
reposed in them in respect to such property, which bond shall be deposited 
with the clerk of the court of the county. 

1942 Code § 5392; 1932 Code § 5278; Civ. C. '22 §2538; Civ. C. '12 § 1702; Civ. C. '02 
§ 1178; 1896 (21) 150; 1917 (30) 384; 1942 (42) 1444. 



31 



§ 21-232 Code of Laws of South Carolina § 21-236 

§ 21-232. School trustees may purchase lands. 

Whenever a board of school trustees deem it expedient to acquire lands for 
the erection thereon of any public schoolhouse or building or making- any 
addition to or extension of any public schoolhouse or building already estab- 
lished or for public school playgrounds or other use for such public schools, 
it may purchase the lots or parcels of land necessary for such purposes 
and the fee simple title of such land shall be vested in such board of school 
trustees from the day of the sale. 

1942 Code § 5360; 1932 Code § S385; Civ. C. *22 § 4751; 1920 (31) 782; 1924 (33) 1130; 
1930 (36) 1108. 

§ 21-233. May condemn such lands. 

In case any owner of any such lot or parcel of land as aforesaid shall re- 
fuse to sell the same or shall demand what may be deemed by such author- 
ities an unreasonable price, then such authorities shall notify such owner 
that the land is required for such purposes and that application will be made 
to the clerk of the court of common pleas for the drawing of a jury in con- 
demnation to determine and fix upon the true and real value of such land and 
any damage to other lands of the owner by reason of the taking thereof. 

1942 Code § 5361; 1932 Code § 5386; 1930 (36) 1108. 

§ 21-234. Jury for such condemnation. 

Upon ten days' notice from the school authorities, the clerk of the court of 
common pleas for the county in which the land is situated shall select a panel 
of twenty jurors, qualified electors of the school district in which the land 
sought to be condemned is situated, from which panel each of the parties shall 
have the right of peremptory challenge as to four and the remaining twelve 
shall constitute the condemnation jury and shall be notified by the clerk of 
court and entered as a part of the permanent records of his office. The con- 
demnation jury before proceeding to act in the premises shall be regularly 
sworn by the clerk of court that they will faithfully and impartially discharge 
the duties herein required of them. 

1942 Code § 5362; 1932 Code § 5387; 1930 (36) 1108. 

§ 21-235. Vesting of title and deeds to lands so condemned. 

On the payment of the value of any lot or parcel of land so condemned as 
ascertained and determined in the manner provided in §§21-233 and 21-234, 
the fee simple title of the lot or parcel of land shall be vested in the board of 
school trustees and the owner shall execute his deed, without warranty, there- 
for to the board of school trustees. 

1942 Code § 5361; 1932 Code § 53S6; 1930 (36) 1108. 

Cited in United States v. 266.25 Acres of 
Land, 43 F. Supp. 633 (1942). 

§ 21-236. Appeal to court as to valuation. 

In case either party shall be dissatisfied with the valuation placed by the 
jury in condemnation upon any lot or parcel of laud condemned under the 

32 



§ 21-237 Education § 21-239 

provisions of § 21-233, such party may appeal from such valuation, upon giv- 
ing notice of such appeal to the other party within ten days from the time 
of receiving notification of such valuation, to the court of common pleas for 
the county in which such lands may be at the next or some subsequent term 
thereof. The court shall order a new valuation and assessment of damages 
to be made by a jury which shall be charged therewith and the verdict of 
such jury shall be final and conclusive, unless a new trial be granted, and 
after judgment in any such case the fee simple title of the lot or parcel of land 
shall be vested in the board of school trustees upon the payment or tender of 
payment of the amount of such valuation and the owner shall thereupon 
execute his quitclaim deed therefor to the board. 
1942 Code § 5361; 1932 Code § 5386; 1930 (36) 1108. 

§ 21-237. When clerk to execute deed. 

Upon the failure of any person whose land has been condemned to execute 
a deed as required under the provisions of § 21-235 or § 21-236 within twelve 
days, the clerk of the court of common pleas for the county in which the land 
is situated shall, on behalf of the owner, execute a deed, without warranty, 
for such land to the board of school trustees which shall as effectively bind 
the owner and his heirs and assigns as though executed by the owner. 

1942 Code § 5361; 1932 Code § 5386; 1930 (36) 1108. 

§ 21-238. Trustees may sell school property. 

The school trustees of the several school districts may sell school property, 
real or personal, in their school district whenever they deem it expedient 
to do so and apply the proceeds of any such sale to the school fund of the 
district; provided that the consent of the county board of education be first ob- 
tained by the trustees desiring to make any such sale. The board of trustees, 
within thirty days after making any such sale, shall enclose a report thereof 
to the county board of education, setting forth the terms and amount of the 
sale. 

1942 Code § 5345; 1932 Code § 5371; Civ. C. '22 § 2618; Civ. C. '12 § 1755; Civ. C. '02 
§ 1213; 1896 (21) 165. 

Cited in Long v. Dunlap, 87 S. C. 8, 68 
S. E. 801 (1910); Moseley v. Welch, 209 
S. C. 19, 39 S. E. (2d) 133 (1947). 

§ 21-239. Contracts in excess of funds void. 

All contracts which boards of trustees may make in excess of the funds 

apportioned to their districts shall be void. 

1942 Code § 5374; 1932 Code § 5401; Civ. C. '22 § 2645; Civ. C. '12 § 1777; Civ. C. TO 
§ 1228; 1900 (21) 366; 1929 (36) 100. 

Cross reference. — As to general powers 
and duties of school trustees, see § 21-230. 



[3SCCoJe]— 3 33 



§21-240 Code of Laws of South Carolina §21-243 

§ 21-240. Trustees not to receive pay as teachers. 

It shall be unlawful for a school trustee to receive pay as a teacher of a free 

public school. 

1942 Code § 5357; 1932 Code § 5383; Civ. C. *22 § 2629; Civ. C. '12 § 1760; Civ. C. '02 
§ 1217; 1896 (21) 165. 

§ 21-241. Exercising office of trustee after termination of office. 

If a trustee of any school district shall attempt to act or discharge the duties 
of such office after he has been removed or after his successor shall have 
qualified, he shall be guilty of a misdemeanor and, after conviction, be pun- 
ished by a fine of not less than one hundred and one dollars or by imprison- 
ment for not less than thirty days, or both, at the discretion of the court. 

1942 Code § 1568; 1932 Code § 1568; Cr. C. '22 § 516; Cr. C. '12 § 585; Cr. C. '02 § 428; 
G. S. 1024; R. S. 341; 1878 (16) 584. 

§ 21-242. Bridge and ferry charges. 

The school trustees shall be allowed to cross all bridges or ferries free of 

charge when they are traveling on official business. 

1942 Code § 5358; 1932 Code §§ 5384, 5596; Civ. C. '22 §§ 2616, 2630; Civ. C. '12 §§ 1753, 
1761; Civ. C. '02 §§ 1211, 1218; Cr. C. '22 § 452; 1896 (21) 165; 1920 (31) 1046; 1923 {23) 
180; 1937 (40) 75. 

§ 21-243. Annual report of trustees of certain districts. 

The trustees of special and graded school districts created by acts of the 

General Assembly shall make annual reports to the State Superintendent of 

Education in such form and at such time as he shall prescribe. 

1942 Code §5391; 1932 Code §5419; Civ. C. '22 §2682; Civ. C. '12 §1792; Civ. C. '02 
§ 1238; 1896 (22) 150; 1S97 (22) 514. 



CHAPTER 8. 

State Aid for Schools. 

Article 1. Sec. 
Teachers' Salaries and Overhead. 21 " 260 - Allowance for supervision and over- 
Sec hcad - 
„ „ 21-261. Blank. 
21-251. "School" defined. 21-262. Local appropriations prerequisite to 
21-252. State to pay teachers' salaries for State aid in countics with city of 



nine months 



70,000. 



21-253. Schools to which § 21-252 not ap- 21-263. Disbursement to countics. 

P ,icable - . 21-264. State Budget and Control Board 

21-254. Partial participation of small may borrow m anticipation of rev- 

schools, enue 

21-255. Participation of small schools which 

cannot be consolidated. Article 2. 

21-256. Part-time teachers not covered. 

21-257. Aid distributed monthly for teach- 
ers holding certificates. 21-271. Definition of capital improvement. 

21-258. Teachers' salary schedule. 21-272. Annual grant per pupil. 

21-259. Computation of years of experience 21-273. Obligation to make grants subordi- 
of teachers. nate to State school bonds. 

34 [3 SC Code] 



For School Facilities. 



§21-251 Education §21-253 

Sec. Sec. 

21-27 A. How such grants paid. 21-282. Application from school in county 
21-275. Purposes for which grants may be unit goes direct to Commission. 

used. 21-283. Applications by county board when 
21-276. Disposition of unused grants. districts fail to make them. 

21-277. All expenditures to be approved by 21-2S4. Letting contracts in such cases. 

Commission. 21-285. Deposit and disbursement of funds. 

21-278. County plans of improvements or 21-286. Employment of architects and other 

tax relief. personnel. 

21-279. Applications for expenditure and ac- 21-287. Rules and regulations. 

companying statements. 21-288. Powers of former Schoolhouse 
21-2S0. Action of county board on applica- Planning Section. 

tion. 21-289. Advances for capital improvements. 

21-281. Appeal to Commission from county 21-290. Letting of contracts. 

board disapproval. 

Article 1. 
Teachers' Salaries and Overhead. 

§21-251. "School" defined. 

For the purpose of this article a "school" shall be construed to mean all 
pupils of a race legally enrolled within a school district. But in rural dis- 
tricts where more than one school for any one race has been established the 
enrollment for each school shall be considered a separate unit when such 
school has been approved by the State Board of Education. 

1942 Code § 5424; 1933 (38) 567; 1935 (39) 243. 

§ 21-252. State to pay teachers' salaries for nine months. 

The General Assembly shall make sufficient appropriation to pay the sal- 
aries of all school teachers in the public schools on the basis and for the 
length of term of nine months in the elementary and high schools in the 
State. 

1942 Code § 5423; 1933 (38) 567; 1935 (39) 467; 1937 (40) 623; 1947 (45) 306. 

Cross references. — As to teachers' retire- see §§ 61-1 to 61-202. As to repeal of 6-0-1 
ment funds, see §§61-451 to 61-557. As to Law, see 1933 Acts [1933 (38) 567]. 
South Carolina retirement system generally, 

§ 21-253. Schools to which § 21-252 not applicable. 

No school in any school district shall continue open for a longer period of 
time than that fixed by (a) the board of trustees in'the district in which such 
school is located or (b) the county board of education in any county which 
may operate under a county unit plan. No school shall receive any benefits 
under the provisions of § 21-252 which does not have the minimum enrollment 
and average daily attendance, for the previous scholastic year, fixed in the 
schedules below. 

In two-teacher high schools the minimum enrollment shall be 32, with an 
average daily attendance of 28; in a three-teacher high school the minimum 
enrollment shall be 50, with an average daily attendance of 44; in four-teacher 
high schools the minimum enrollment shall be 83, with an average daily at- 
tendance of 66; in five-teacher high schools the minimum enrollment shall be 
110, with an average daily attendance of 88; in six-teacher high schools the 

35 



§ 21-254 Code of Laws of South Carolina § 21-255 

minimum enrollment shall be 138, with an average daily attendance of 110; 
in seven-teacher high schools the minimum enrollment shall be 16S, with an 
average daily attendance of 134; in eight-teacher high schools the minimum 
enrollment shall be 200, with an average daily attendance of 160; in nine- 
teacher high schools the minimum enrollment shall be 234, with an average 
daily attendance of 1S7; in ten-teacher high schools the minimum enrollment 
shall be 270, with an average daily attendance of 216; in eleven-teacher high 
schools the minimum enrollment shall be 308, with an average daily attendance 
of 246; in twelve-teacher high schools the minimum enrollment shall be 348, 
with an average daily attendance of 278; and in all high schools with more 
than twelve teachers the minimum enrollment shall be 30 pupils for each 
teacher, with an average daily attendance of 25 pupils for each teacher. 

In one-teacher elementary schools the minimum enrollment shall be 20, 
with an average daily attendance of 15; in two-teacher elementary schools 
the minimum enrollment shall be 40, with an average daily attendance of 32; 
in three-teacher elementary schools the minimum enrollment shall be 75, with 
an average daily attendance of 60; in four-teacher elementary schools the 
minimum enrollment shall be 105, with an average daily attendance of 84; 
in five-teacher elementary schools the minimum enrollment shall be 140, with 
an average daily attendance of 112; in six-teacher elementary schools the 
minimum enrollment shall be 175, with an average daily attendance of 140; in 
seven-teacher elementary schools the minimum enrollment shall be 210, 
with an average daily attendance of 168; in eight-teacher elementary schools 
the minimum enrollment shall be 248, with an average daily attendance of 
200; in nine-teacher elementary schools the minimum enrollment shall be 
288, with an average daily attendance of 230; in ten-teacher elementary schools 
the minimum enrollment shall be 330, with an average daily attendance of 
264; in eleven-teacher elementary schools the minimum enrollment shall be 
374, with an average daily attendance of 300; in twelve-teacher elementary 
schools the minimum enrollment shall be 420, with an average daily attendance 
of 366; and in all elementary schools with more than twelve teachers the min- 
imum enrollment shall be 36 pupils for each teacher, with an average daily 
attendance of 30 pupils per teacher. The enrollment and daily average at- 
tendance for state aid shall be based on any nine successive months of the 
previous school year. 

1942 Code § 5423; 1933 (38) 567; 1935 (39) 467; 1937 (40) 623; 1947 (45) 306. 

§ 21-254. Partial participation of small schools. 

Notwithstanding the provisions of § 21-253, if any one- or two-teacher 
school fails to maintain the minimum schedule therein provided, it shall par- 
ticipate in the benefits of § 21-252 in the proportion of enrollment and average 
daily attendance maintained bears to said minimum schedule for such school. 

1942 Code § 5423; 1933 (38) 567; 1935 (39) 467; 1937 (40) 623; 1947 (45) 306. 

§ 21-255. Participation of small schools which cannot be consolidated. 

No one-teacher school shall be deprived of the benefits of this chapter be- 
cause such school fails to meet the minimum requirements of enrollment and 

36 



§ 21-256 Education § 21-258 

average daily attendance when it is impracticable to consolidate the school 
with some other school because of mountains, rivers, islands, swamps or 
other natural causes. The board of education of the county in which the 
school is located shall be the competent judge in such case. 

1942 Code § S423; 1933 (38) 567; 1935 (39) 467; 1937 (40) 623; 1947 (45) 306. 

§ 21-256. Part-time teachers not covered. 

No person who teaches daily less than four periods of forty-five minutes 
each shall receive any pay under the provisions of § 21-252, except the super- 
intendent of a school system employing more than ten teachers. 

1942 Code § 5423; 1933 (38) 567; 1935 (39) 467; 1937 (40) 623; 1947 (45) 306. 

§ 21-257. Aid distributed monthly for teachers holding certificates. 

State aid for the payment of teachers' salaries shall be disbursed monthly 
to the various counties and school districts for payment only to teachers who 
hold certificates issued by the State Board of Education, under rules and regu- 
lations formally adopted by the Board for the purpose of certifying public 
school teachers. 

1951 (47) 546. 

§ 21-258. Teachers' salary schedule. 

Such State aid shall be disbursed to teachers in accordance with the follow- 
ing monthly salary schedule (the figures under columns A, B, C and D rep- 
resent dollars), to wit : 



37 



§21-258 



Code of Laws of South Carolina 



§21-258 



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and 
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38 



§ 21-259 Education § 21-264 

§ 21-259. Computation of years of experience of teachers. 

In computing the years of experience of teachers under the schedule in 
§ 21-258 each full regular scholastic year taught by a teacher in the public 
schools of the State shall be counted as one year's experience. 

1951 (47) 546. 

§ 21-260. Allowance for supervision and overhead. 

In addition to the State aid for teachers' salaries, each school district or 
operating unit shall be allowed for supervision and overhead five dollars a 
school year for each pupil in average daily attendance. Average daily attend- 
ance shall be computed on the basis of the school year as determined by the 
State Board of Education. For the operation of this section the average 
daily attendance shall be based on an estimate which may be adjusted as cor- 
rect figures become available. These funds shall be disbursed monthly along 
with the disbursement of funds for teachers' salaries. 

1951 (47) 546. 

§21-261. Blank. 

§ 21-262. Local appropriations prerequisite to State aid in counties with city of 
70,000. 

The school boards in counties containing a city of seventy thousand pop- 
ulation or more, according to the official United States census, shall not re- 
ceive, nor shall the State Treasurer pay to such school boards any State aid 
for the payment of teachers' salaries, unless such school boards have appro- 
priated and supplied prior thereto a local supplement including bonuses and 
other moneys supplied by them for teachers that is at least equal to that which 
such school board or boards appropriated and supplied during the preceding 
year. 

1947 (45) 169. 

§21-263. Disbursement to counties. 

The Comptroller General shall issue his warrants monthly to the county 
treasurers of the respective counties for such amount of state school aid as 
may be on hand, available for and applicable to the payment for state school 
aid due the respective counties, under the provisions hereof, and such war- 
rants shall be paid by the State Treasurer upon presentation of same. 

1942 Code § 5428; 1933 (38) 567. 

§ 21-264. State Budget and Control Board may borrow in anticipation of rev- 
enue. 
The State Budget and Control Board may borrow in each year in anticipa- 
tion of the receipt of revenues provided for school aid such sum or sums as 
may be necessary to pay any portion of the amounts appropriated herein and 
becoming due to the respective counties of the State prior to the collection 
thereof. Such notes shall be issued in such form and manner as the Board 
may elect and, when issued, are hereby declared to be current obligations of 

39 



§ 21-271 Code of Laws ok South Carolina § 21-274 

the State. But in lieu of borrowing as provided herein the Comptroller Gen- 
eral may issue his warrant against the general fund in the treasury when it 
appears that sufficient funds are available therein and the State Treasurer 
shall pay the same as provided in § 21-263. Such withdrawals from the gen- 
eral fund, if made, shall constitute a loan to the school aid fund from the 
general fund, the same to be repaid when revenues provided for school aid are 
collected. The proceeds of such loan or loans shall be paid to the respective 
counties for school aid to the respective counties as provided in § 21-263. 
1942 Code § 5429; 1934 (38) 1221. 

Article 2. 
For School Facilities. 

§ 21-271. Definition of capital improvement. 

For the purpose of this article the term "capital improvement" shall mean 
the cost of constructing, improving, equipping, renovating and repairing school 
buildings or other school facilities or the cost of the acquisition of land whereon 
to construct or establish school facilities. 

1951 (47) 546. 

§ 21-272. Annual grant per pupil. 

The State shall make an annual contribution or grant of fifteen dollars for 
each child in daily average attendance during each school year and such mon- 
eys shall be applied for the purpose of establishing and maintaining adequate 
physical facilities for the public school system or the payment of existing debt 
therefor, and for no other purpose. 

1951 (47) 546. 

§ 21-273. Obligation to make grants subordinate to State school bonds. 

The obligation of the State to make remittance of the sums appropriated 
under § 21-272 shall be subordinate to the pledge made to secure the State 
school bonds authorized under article 6 of chapter 15 of this Title and the 
sinking fund created for their retirement. 

1951 (47) 546. 

§ 21-274. How such grants paid. 

From the proceeds of the retail sales tax levied pursuant to chapter 15 of 
Title 65, such sum shall be annually allocated by the State Educational Finance 
Commission to the school unit so entitled. If the public school on account 
of whose operation such grant is made shall constitute a part of a county unit 
system, the grant or contribution shall be credited to the count}'. If the public 
school on account of wdiose operation the grant is made is operated as a part 
of a school district system, the grant shall be credited to the school district. 
If any change be made in the operation of such school, equitable re-alloca- 
tions shall be made by the Commission of all balances to the credit and all 
debits charged against the units affected by the change in the system of 
operation. The grants shall be computed annually as soon as practicable after 

40 



§ 21-275 Education § 21-278 

the end of the school year and shall be based on the average daily attendance 
in all of the public schools operated by each separate school district or operat- 
ing unit of the State, as determined by the State Department of Education. 
1951 (47) 546. 

§ 21-275. Purposes for which grants may be used. 

The sums becoming due to any operating unit (school district or county, as 
the case may be) shall be disposed of in the following order of priority and for 
the following purposes and no others : 

(1) To discharge the principal and interest due the State Educational Fi- 
nance Commission by reason of any advance or loan made to any operating 
unit by the Commission from the proceeds of State school bonds ; 

(2) To be applied by the operating unit, subject to the approval of the Com- 
mission, to defray the cost of any capital improvement ; or 

(3) To pay principal and interest of school district indebtedness represented 
by bonds or notes issued before July 1 1951 for any capital improvements or 
bonds or notes issued on or after July 1 1951 for capital improvements which 
have been approved by the Commission as provided in § 21-277. 

1951 (47) 546. 

§ 21-276. Disposition of unused grants. 

Sums becoming due to any operating unit and not disposed of for any of the 
purposes listed in § 21-275 shall be placed by the Commission to the credit of 
the operating unit in the State Treasury until availed of for purposes author- 
ized in said section. 

1951 (47) 546. 

§ 21-277. All expenditures to be approved by Commission. 

No grants accruing to any school district or operating unit shall be expended 
for any purpose unless such expenditure has been approved by the State Edu- 
cational Finance Commission. 

1951 (47) 546. 

§ 21-278. County plans of improvements or tax relief. 

In order to guide the Commission in passing upon requests for the use of 
grants, the county boards of education of the respective counties shall prepare 
a survey of necessary capital improvements and/or a plan for tax relief on 
school indebtedness within the operating unit. Such surveys shall show exist- 
ing facilities, desirable consolidations, the new construction and new facilities 
necessary and desirable for the efficient operation of the public schools of the 
county and a plan of tax reduction in the school district or operating unit by 
use of such funds in retiring any outstanding indebtedness for school facilities. 
The Commission may, in its discretion, deny all applications for the use of 
funds of the public school building fund from any county until such time as 
an' acceptable and reasonably satisfactory plan, looking particularly to effi- 
ciency through consolidations of school districts, has been submitted by the 

41 



§ 21-279 Code of Laws of Soutii Carolina § 21-283 

county board of education and all applications from school districts or operat- 
ing units shall conform to the plan of the county board of education. 
1951 (47) 546. 

§ 21-279. Applications for expenditure and accompanying statements. 

To expend such State school building grants accruing to the credit of any 
school district or operating unit with the State public school building fund, 
applications for such expenditure shall originate with the school district or 
operating unit, except as herein otherwise provided. To expend funds for 
capital improvements or the retirement of outstanding bonded indebtedness 
of the district or unit, the trustees of any school district or the governing body 
of any operating unit shall prepare a statement with their application which 
shall set forth the enrollment and average daily attendance in the schools of 
the district or unit, showing the division as to schools, grades, number of 
teachers employed, facilities in use, facilities to be provided with funds to be 
expended and outstanding indebtedness. 

1951 (47) 546. 

§ 21-280. Action of county board on application. 

The application, together with such statement, shall be submitted to the 
county board of education and shall be considered by the Commission only 
after it has received the recommendation of the county board. If such request 
is disapproved by the county board, the reasons therefor must be stated in 
writing with such disapproval and recommendation to the Commission. 

1951 (47) 546. 

§ 21-281. Appeal to Commission from county board disapproval. 

When the request is so forwarded to the Commission, a copy of the dis- 
approval, with the remarks thereon, shall be forwarded to the school district 
concerned. Such district shall have the right to appeal to the Commission 
against such disapproval and recommendation. The method of appeal to 
the Commission shall be controlled by the rules and regulations promulgated 
and adopted by the Commission. The decision of the Commission shall be 
final. 

1951 (47) 546. 

§ 21-232. Application from school in county unit goes direct to Commission. 

If the school is a part of a county unit, the application and statement shall 
be submitted directly to the Commission and the decision of the Commission 
shall be final. 

1951 (47) 546. 

§ 21-233. Applications by county board when districts fail to make them. 

If any school district shall fail to make an approved application to the 
Commission for the present or future expenditure of funds for capital improve- 
ments or for the retirement of outstanding school district bonded indebtedness 
by July 1 1953 the county board of education wherein such district is located 

42 



§ 21-284 Education § 21-287 

may, in the discretion of such county board, make such application, together 
with the proper statement, to the Commission for the expenditure of funds for 
capital improvements or retirement of outstanding bonded indebtedness within 
such district as, in the county board's judgment, will promote the best interests 
of the cause of education for the pupils within the school district or operating 
unit, but, in no event, shall the funds be expended for a purpose other than 
for the benefit of the pupils within the district or operating unit who have 
constituted the basis for the accrual of funds to the district's or operating unit's 
credit. 

1951 (47) 546. 

§ 21-234. Letting contracts in such cases. 

In the event that any such application on the part of a county board of 
education is approved by the Commission for capital improvements, the con- 
tract, if such be necessary for the construction of the capital improvements, 
shall be let by the county board of education in the same manner as provided 
in § 21-290 by the trustees of the school district or operating unit. 

1951 (47) 546. 

§ 21-285. Deposit and disbursement of funds. 

When the expenditure of any funds to which any school district may be en- 
titled has been authorized as provided in § 21-277 such funds shall be de- 
posited immediately to the credit of the treasurer of the county of which the 
school district is a part. The county treasurer shall place the sum so received 
in a special fund to be known as "Public School Building Fund for School 
District No. — " and shall pay out the money of such fund only on school war- 
rants properly drawn by the authorities of the school district, operating unit 
or county board of education concerned and such money shall be expended 
in the same manner as provided by law for the expenditure of other school 
funds. 

1951 (47) 546. 

§ 21-286. Employment of architects and other personnel. 

The Commission may employ architects, consultants and sufficient personnel 
to assist the county boards of education in the preparation of the county plans 
required under § 21-278. 

1951 (47) 546. 

§ 21-237. Rules and regulations. 

The Commission shall prescribe reasonable rules and regulations in order 
to insure that funds derived from the State public school building fund will 
not be used improvidently or unwisely and that the efficiency of the public 
school system will be increased by the expenditure of the funds. 

1951 (47) 546. 



43 



§ 21-288 Code of Laws of South Carolina § 21-290 

§ 21-288. Powers of former School House Planning Section. 

The powers, duties and responsibilities of the former School House Plan- 
ning Section of the State Department of Education are hereby transferred to 
the State Educational Finance Commission. 

1951 (47) 546. 

§ 21-289. Advances for capital improvements. 

'Whenever the Commission shall determine that any operating unit needs 
capital improvements to an extent in excess of any credit due such operating 
unit by the Commission, the Commission may advance or lend such operating 
unit such sums as in the opinion of the Commission are necessary to be ex- 
pended for capital improvements by such operating unit. Such loans or ad- 
vances shall (a) bear interest at the rate of two and one-half per cent per 
annum, except that if the State shall pay an average rate of interest of more 
than two and one-half per cent the rate of interest charged on such advances 
or loans shall be increased accordingly, (b) be evidenced by appropriate agree- 
ments and (c) be repayable, both principal and interest, by the operating 
unit solely from the annual grants to which the operating unit shall become 
entitled. Such loans shall not constitute a debt of the operating unit within 
the meaning of any provision or limitation of the Constitution or statutes of 
the State. 

But the Commission shall not advance or lend to any operating unit any sum 
in excess of seventy-five per cent of the estimated sum which will accrue to 
such operating unit on account of grants to be made to such operating unit 
within the twenty years next following the date of the advance or on or before 
July 1 1976, whichever shall first occur. In estimating such grants, the Com- 
mission shall assume that the average daily attendance in the schools of the 
operating unit for the past preceding fiscal year will continue for the period 
during which the loan is to be repaid. 

1951 (47) 546. 

§ 21-290. Letting of contracts. 

Any construction to be financed from funds received from the State public 
school building fund, pursuant to the approval of the Commission, shall be on 
public contract, such contract to be let by the trustees of the school district, 
and the awarding of the necessary contracts shall be in the sole province of 
the school district concerned except as provided in § 21-284. Contracts shall 
be let on public advertisement thereof, and on such conditions and within such 
limitations as the Commission may approve. 

1951 (47) 546. 



44 



§ 21-301 Education § 21-302 

CHAPTER 9. 

School Buildings. 

Sec. Sec. 

21-301. Illegal to operate school in building 21-309. Exits. 

not safeguarded from fire, etc. 21-310. Corridors. 

21-302. Requirements for buildings existing 21-311. Number of stairways. 

prior to March 18 1924. 21-312. Encasing of stairways in larger 
21-303. Old buildings not subject to require- buildings. 

ments for new buildings. 21-313. Construction of stairways. 

21-304. Newer buildings to conform to 21-314. Doors to open outwardly. 

code; approval of State Superin- 21-315. Protection of woodwork. 

tendent. 21-316. Supports of lamps. 

21-305. Combustible materials as restrict- 21-317. Classroom space per pupil; height. 

ing height. 21-318. Light and ventilation. 

21-306. Materials of buildings of more than 21-319. Toilet facilities. 

one story; thickness of walls and 21-320. Higher requirements by ordinance, 

foundations; loads. etc., not affected. 

21-307. Floor and roof loads. 21-321. Inspection and approval by State 
21-308. Timbers, flues and roofing material. Superintendent. 

§ 21-301. Illegal to operate school in building not safeguarded from fire, etc. 

It shall be illegal for any county superintendent, school trustee, school 
treasurer or other disbursing officer to pay out any money or public funds, 
whether state, county, municipal or local, for the maintenance or operation 
of any public school now operated in a schoolhouse of two or more stories 
not provided with ample means of escape from fire or stampedes from other 
causes, as herein provided. 

1942 Code § 5445; 1932 Code § 5451; 1924 (33) 1091. 

Cross references. — As to fire alarm boxes 431 to 1-452. As to building regulations in 

in schools, see §47-1158. As to monthly municipal corporations, see §§ 47-1151 to 47- 

fire drills in schools, see §§ 21-871 to 21-873. 1261. 
As to insurance on public buildings, see §§ 1- 

§ 21-302. Requirements for buildings existing prior to March 18 1924. 

The minimum requirements for safety for school buildings in existence 
prior to March 18 1924 shall consist of easy means of exit from not less than 
two opposite sides of the school building and when in case of an old building 
there is only one stairway there must be provided, before any such school 
can be legally operated, another stairway for exit on the opposite side of the 
building or a safe slide securely fastened to the building and extending from 
one or more windows on the side opposite the stairway and reaching to with- 
in six feet of the ground. All hall and exit doors shall open outward. No 
public moneys may be legally paid out for the operation or maintenance of 
any existing public school where there are hanging flues in the building or 
where the stovepipe runs through the side of the building, a window or the 
roof, unless the same be safely encased in a brick flue or double terra cotta. 

1942 Code § 5446; 1932 Code § 5452; 1924 (33) 1091. 



45 



§ 21-303 Code of Laws of South Carolina § 21-306 

§ 21-303. Old buildings not subject to requirements for new buildings. 

It is expressly provided that §§ 21-301 and 21-302 shall apply to school 
buildings in use on March 18 1924, to buildings the plans, specifications or 
descriptions for which had been drawn prior to that date and to buildings 
actually in process of construction on that date, and no such building shall 
be affected by the building code set forth in §§ 21-304 to 21-321. 

1942 Code § 5447; 1932 Code § 5453; 1924 (33) 1091. 

§21-304. Newer buildings to conform to code; approval of State Super- 
intendent. 

Every school building erected in the State after March 18 1924 shall con- 
form to the following building code, and before any such building is com- 
menced the plans and specifications, or a detailed description, shall be submit- 
ted to and approved by the State Superintendent of Education or his agent. 

1942 Code §5448; 1932 Code §5454; 1924 (33) 1091. 

§ 21-305. Combustible materials as restricting height. 

No school building in which the outer walls are constructed of wood or 
other combustible material, even though veneered with incombustible mate- 
rial, shall be more than one story high, except that a basement may be con- 
structed below the first floor if the first floor is not more than five feet above 
the ground. 

1942 Code § 5451; 1932 Code § 5457; 1924 (33) 1091. 

§ 21-306. Materials of buildings of more than one story; thickness of walls and 
foundations ; loads. 
School buildings with more than one story above ground shall have the ex- 
terior walls constructed of properly bonded masonry of stone, concrete, 
brick or structural terra cotta or a suitable combination of these materials 
and of not less than the following thicknesses: 

Schedule of Wall Thicknesses 

1st Story 2d Story 3d Story 4th Story 

Ext. Int. Ext. Int. Ext. Int. Ext. Int. 

One-Story 12" 

Two-Story 12" 00 12" 00 

Three-Story 16" 00 12" 00 12" 00 

Four-Story 16" 12" 16" 12" 16" 12" 12" 12" 

In each case the foundation walls shall be at least four inches thicker than 
the first-story walls and the footings shall have a further spread of at least 
four inches on each side and be so proportioned as to give approximately equal 
loading on all parts of the foundation. In case of concentrated loads the 
walls shall be increased in thickness or reinforced by pilasters or buttresses 
so that the load shall not exceed the following unit stresses: 



46 



§ 21-307 Education § 21-309 

Schedule of Wall Loads 

Structural terra cotta 5 Tons per Sq. Ft. 

Coursed rubble stone 6 " 

Brick work — lime mortar 6 " 

Brick work — cement mortar 10 " 

Concrete 10 " 

Where walls are very short or are properly braced or reinforced by piers, 
pilasters or buttresses the State Superintendent of Education may, at his 
discretion, permit thinner walls than those given in the schedule of wall thick- 
nesses, but in no case shall a fire wall be less than twelve inches thick and 
in no case shall the loadings be heavier than in the schedule of wall loads. 

1942 Code § 5452; 1932 Code § 5458; 1924 (33) 1091. 

§ 21-307. Floor and roof loads. 

The floors and roofs of all school buildings shall be so designed and con- 
structed as to sustain safely with a safety factor of at least four the follow- 
ing superimposed or live loads in addition to the weight of the construction 
or dead load: 

Classrooms 60 Pounds per Sq. Ft. 

Corridors 80 " 

Auditorium with fixed seats 100 " 

Auditorium with movable seats 125 " 

Gymnasiums ISO " 

Roofs 30 " 

1942 Code § 5453; 1932 Code § 5459; 1924 (33) 1091. 

§ 21-308. Timbers, flues and roofing material. 

The ends of joists or beams entering masonry walls shall be cut to a three- 
inch bevel and where they enter from opposite sides they must be staggered 
so as to have eight inches of solid masonry between. No timber shall be 
placed within two inches of the outside face of any chimney or smoke flue. 
All chimney and smoke flues shall be lined throughout with terra cotta flue 
lining or else shall have all walls at least eight inches in thickness. In no 
case shall flues be supported upon woodwork nor corbelled out from the wall 
more than four inches. The roofs of all school buildings more than one story 
high shall be covered with fire retarding materials. 

1942 Code § 5454; 1932 Code § 5460; 1924 (33) 1091. 

§21-309. Exits. 

Every school building of more than one classroom shall have at least two 
widely separated exits and in no case shall the distance from the door of a 
classroom, laboratory, study hall, assembly room or auditorium be more than 
one hundred feet from the nearest exit. Every auditorium or assembly room 
shall have at least one exit from the stage and at least two independent exits 
from each floor and in no case shall one exit serve more than two hundred 

47 



§21-310 Code of Laws of South Carolina §21-315 

and fifty people. Every exit shrill be easily accessible without obstruction 
to all the persons that it is intended to serve. 

1942 Code § 5455; 1932 Code § 5461; 1924 (33) 1091. 

§ 21-310. Corridors. 

Every school building of more than three classrooms shall have one or 
more corridors not less than eight feet wide and in no case shall it be neces- 
sary to pass from one room through another to reach an exit. 

1942 Code § 5455; 1932 Code § 5461; 1924 (33) 1091. 

§21-311. Number of stairways. 

Every school building more than one story above the ground shall have at 
least two stairways from the top floor to the ground. No stairway shall serve 
more than four classrooms, nor more than two hundred and fifty persons in 
study halls, assembly halls or auditoriums, nor shall the distance from the 
door of any such room to the nearest stairway be more than one hundred feet. 

1942 Code § 5455; 1932 Code § 5461; 1924 (33) 1091. 

§ 21-312. Encasing of stairways in larger buildings. 

Every stairway in a building of three or more stories shall be entirely en- 
cased by solid brick fire walls not less than twelve inches thick with no open- 
ings to the interior of the buildings and shall be approached only through 
vestibules with one side fully open so that neither flame nor smoke may pass 
from one story to another. 

1942 Code § 5456; 1932 Code § 5462; 1924 (33) 1091. 

§ 21-313. Construction of stairways. 

All stairways shall be constructed to sustain, with a safety factor of at least 
four, a live load of one hundred pounds per square foot. The width of stair- 
ways shall be at least four feet, the treads shall not be less than eleven inches 
and the risers not more than six and one-half inches. All stairways shall be 
on straight runs with all changes in direction made with platforms. There 
shall be a substantial handrail on each flight. No door shall open immediately 
on a flight of stairs but there shall be a landing at least the width of the door. 

1942 Code § 5457; 1932 Code § 5463; 1924 (33) 1091. 

§21-314. Doors to open outwardly. 

All exit-doors from corridors, halls, stairways, auditoriums, assembly rooms, 
study halls, libraries, laboratories, workshops, classrooms, toilets or other 
rooms for the accommodation of more than five persons shall open outward- 
ly and be secured, if at all, against ingress only. 

1942 Code § 5458; 1932 Code § 5464; 1924 (33) 1091. 

§21-315. Protection of woodwork. 

All woodwork or lath and plaster within two feet of a boiler, furnace, stove 
or smokepipe or of a gas or oil lamp shall be protected by a lining of asbestos 
board one-quarter inch thick and of sheet metal with one-half inch space be- 

4S 



§ 21-316 Education § 21-321 

tween. All woodwork within two inches of any hot air pipe and overhead 
ceilings of boiler and furnace rooms shall be protected in like manner with 
two thicknesses of asbestos paper and one thickness of sheet-metal or by 
metal lath and plaster. 

1942 Code § 5459; 1932 Code § 5465; 1924 (33) 1091. 

§21-316. Supports of lamps. 

All gas and oil lamps or other burners shall be supported in a substantial 
and approved manner without the use of combustible or fusible members or 
joints. 

1942 Code § 5460; 1932 Code § 5466; 1924 (33) 1091. 

§ 21-317. Classroom space per pupil; height. 

The dimensions of classrooms shall be such as to afford not less than sixteen 
square feet and two hundred cubic feet to each pupil and the width shall not 
be more than twice the height. 

1942 Code § 5461; 1932 Code § 5467; 1924 (33) 1091. 

§21-318. Light and ventilation. 

Adequate natural light and ventilation must be provided for all parts of 
every school building and there shall be no room, corridor, hall or stairway 
without an outside window or door. Classrooms and study halls shall be 
lighted on the long side only and the window area shall be at least twenty per 
cent of the floor area. All windows must be so constructed that at least one- 
half of their area may be opened for ventilation. 

1942 Code § 5462; 1932 Code § 5468; 1924 {33) 1091. 

§ 21-319. Toilet facilities. 

Where water and sewerage are available at least two toilet rooms must be 
provided, well separated, well lighted and ventilated and equipped with ap- 
proved sanitary plumbing. If water and sewerage are not available suitable 
toilet accommodations shall be provided, meeting the approval of the State 
Board of Health. 

1942 Code § 5463; 1932 Code § 5469; 1924 (33) 1091. 

§ 21-320. Higher requirements by ordinance, etc., not affected. 

The intent of this code is to fix minimum standards and nothing herein 
shall be construed as lowering the standards required by any municipal ordi- 
nance or superseding the authority of the building inspectors or other officials 
in the enforcement of such standards. 

1942 Code § 5450; 1932 Code § 5456; 1924 (33) 1091. 

§ 21-321. Inspection and approval by State Superintendent. 

The State Superintendent of Education shall inspect, either in person or by 
deputy, all school buildings hereafter erected in this State, and his certificate 
of approval must be obtained before any such building may be occupied. 

1942 Code § 5449; 1932 Code § 5455; 1924 (33) 1091. 
[3 SC Code]— 4 49 



§21-351 



Code of Laws of South Carolina 



§21-352 



CHAPTER 10. 
Teachers. 



Article 1. 

General Provisions. 
Sec. 

21-351. Employment of teachers related to 
board members. 

21-352. Section not applicable to Kingstree 
School District. 

21-353. Employment of teachers in Marion 
County. 

21-354. Qualifications of teachers. 

21-355. Teachers re-employed unless noti- 
fied to contrary. 

21-356. Officials not to designate place for 
teacher to board or live. 

21-357. Provisions inapplicable in New- 
berry County. 

21-358. Teachers to report monthly to trus- 
tees. 

21-359. Teachers paid only after filing such 
report. 

Article 2. 

Examinations and Teachers' 
Certificates. 

21-371. Board of examiners for teachers. 
21-372. Examination on Constitution and 

loyalty thereto. 
21-373. Record of teachers' certificates. 
21-374. Fee for duplicate certificate; use of 

resulting fund. 



Article 3. 

Remedy for Discrimination 
against Teachers. 
Sec. 

21-381. Teacher discriminated against in fix- 
ing salary may file complaint. 

21-382. Filing of complaint with county 
board. 

21-3S3. Hearing on complaint. 

21-3S4. Procedure under article. 

21-385. Service of subpoenas; pay of wit- 
nesses. 

21-386. Notices. 

21-387. Attendance of witnesses and pro- 
duction of records. 

21-388. Hearing and decision. 

21-389. Easis of decision. 

21-390. Reclassification of all teachers in 
district. 

21-391. Appeal to State Board. 

21-392. Reclassification on order of State 
Board. 

21-393. Findings of fact by State Board 
final; appeal on errors of law. 

21-394. Filing of unappealed decision; en- 
forcement. 

21-395. Compensation received prior to fil- 
ing of complaint not affected. 

21-396. Costs; fees of clerks of boards. 



Article 1. 
General Provisions. 

§ 21-351. Employment of teachers related to board members. 

No teacher who is related to a member of the board of trustees of any school 
district by consanguinity or affinity within the second degree shall be em- 
ployed by the board without the written approval of the board of education 
of the county, nor unless a majority of the parents or guardians of the chil- 
dren attending the school for which such teacher is employed requests such 
employment in writing. 

1942 Code § 5374; 1932 Code § 5401; Civ. C. '22 § 2645; Civ. C. '12 § 1777; Civ. C. '02 
§ 1228; 1900 (23) 366; 1929 (36) 100. 

Cross references. — As to general powers As to general qualifications of teachers, see 
and duties of school trustees, see §21-230. §21-354. 

§ 21-352. Section not applicable to Kingstree School District. 

The provisions of § 21-351 shall not be applicable in Kingstree School Dis- 
trict in Williamsburg County. 

1942 Code § 5374; 1932 Code $ 5101; Civ. C. '22 5 2645; Civ. C. '12 § 1777; Civ. C. '02 
§ 1228; 1900 (23) 366; 1929 (36) 100; 1950 (46) 2271. 

50 [3 SC Code] 



§21-353 Education §21-356 

§ 21-353. Employment of teachers in Marion County. 

The trustees of the several school districts of Marion County, or a majority 
thereof, may employ and fix the salaries of the superintendents, principals 
and teachers to serve for the scholastic year immediately following the expira- 
tion of the terms of office of such trustees. 

1942 Code § 5358; 1932 Code §§ 5384, 5596; Civ. C. '22 §§ 2616, 2630; Civ. C. '12 §§ 1753, 
1761; Civ. C. '02 §§ 1211, 1218; Cr. C. '22 § 452; 1896 (22) 165; 1920 (31) 1046; 1923 
(33) 180; 1937 (40) 75. 

§ 21-354. Qualifications of teachers. 

No board of school trustees shall hereafter employ any teacher who has 
not a certificate to teach in the free public schools of the State. This pro- 
vision, however, shall not affect the employment of any teacher now teaching 
in any of the schools of the special school districts. The trustees of any such 
school may also impose any additional examinations and qualifications they 
may deem proper before or after employing any teacher. 

1942 Code § 5358; 1932 Code §§ 5384, 5596; Civ. C. '22 §§ 2616, 2630; Civ. C. '12 §§ 1753, 
1761; Civ. C. '02 §§ 1211, 1218; Cr. C. '22 § 452; 1896 (22) 165; 1920 (31) 1046; 1923 
(33) 180; 1937 (40) 75. 

Cross reference. — As to school trustees 
generally, see §§ 21-221 to 21-242. 

§ 21-355. Teachers re-employed unless notified to contrary. 

In the event the trustees of any school district in this State shall fail to 
notify any teacher in their school, holding a valid teacher's certificate, in 
writing on or before June 1st (or, in case on such date the school has not com- 
pleted its state aid term and the number of teachers for which it qualifies is 
uncertain, then on or before the tenth day after the close of the state aid term) 
of each year to the effect that such teacher will not be re-employed for the 
next ensuing year, such failure to so notify such teacher shall be an act of 
re-employment of such school teacher for the next ensuing school year upon 
the same terms and conditions as of such teacher's employment at the time 
of the failure to give such notice, in like manner as if a contract had been 
entered into between such school teacher and the trustees of such school 
district for such re-employment. But such failure to so notify such teacher 
shall not be binding and shall not be considered re-employment of such teacher 
unless such teacher shall, on or before the fourteenth day after the expiration 
of the time above provided for the giving of such notice by the trustees, notify 
the trustees of the school or the chairman of such board of trustees, in writing, 
of his acceptance of such re-employment. 

1942 Code § 5382; 1937 (40) 1449. 

Cross references. — As to general powers 
and duties of school trustees, see § 21-230. 
As to qualifications of teachers, see § 21-354. 

§ 21-356. Officials not to designate place for teacher to board or live. 

It shall be unlawful for any trustee of any public school or any superintend- 
ent or other official thereof to require any teacher to board or live at any 

51 



§ 21-357 Code of Laws of South Carolina § 21-371 

teacherage or specified place. Each individual teacher shall have the right 
to choose his or her boarding place, and for so doing his right to teach shall 
not be voided by the trustees of any school board or superintendent or other 
official. Any school trustee or superintendent who shall violate the provisions 
of this section shall be guilty of a misdemeanor and upon conviction shall 
be fined not less than twenty-five dollars nor more than one hundred dollars 
or be imprisoned for not less than ten days nor more than thirty days, in the 
discretion of the court. 

1942 Code § S383; 1936 (39) 1693. 

§ 21-357. Provisions inapplicable in Newberry County. 

The provisions of § 21-356 shall not apply to the trustees and superintend- 
ents of the public schools in Newberry County. 

1942 Code § 5383; 1936 (39) 1693. 

§ 21-358. Teachers to report monthly to trustees. 

Each school teacher shall make out and file with the clerk of the board of 
trustees, at the expiration of each school month, a full and complete report 
of the whole number of pupils admitted to the school during each month, dis- 
tinguishing between male and female, the average attendance, the branches 
taught, the number of pupils engaged in studying each of such branches 
and such other statistics as he may be required to make by the county board 
of education. Whenever a teacher is unavoidably prevented from filing such 
report at the expiration of any school month the board of school trustees may 
receive the report within a reasonable time thereafter if, in its opinion, the 
reasons for the delay are good and sufficient. 

1942 Code § 5349; 1932 Code § 5375; Civ. C. '22 § 2621; Civ. C. '12 § 1757; Civ. C. '02 
§ 1215; 1896 (22) 165. 

§ 21-359. Teachers paid only after filing such report. 

On the filing of the teacher's report and its approval by the board of trus- 
tees its clerk shall draw an order in duplicate on the county treasurer for 
the amount due such teacher, which shall be signed by the board, and which, 
if accompanied by a copy of such monthly report and approved by the county 
superintendent of education, shall be countersigned by him and the duplicate 
filed in his office. 

1942 Code § 5349; 1932 Code § 5375; Civ. C. '22 § 2621; Civ. C. '12 § 1757; Civ. C. '02 
§ 1215; 1896 (22) 165. 

Article 2. 

Examinations and Teachers' Certificate. 

§ 21-371. Board of examiners for teachers. 

The State Board of Education shall formulate a system for the examina- 
tion and certification of teachers and shall appoint, upon the nomination of 
the State Superintendent of Education, two examiners, at least one of whom 
shall be a woman, to conduct the work. The original examiners having been 
appointed for two and four years, respectively, all subsequent appointees 

52 



§ 21-372 Education § 21-381 

shall hold for a regular term of four years. The examiners shall be regular 

members of the State Department of Education, with an office at the State 

Capitol, and shall conduct or have conducted such examinations in the several 

counties and in such other places as may be ordered from time to time by the 

State Board. The registrar of the bureau for employment of teachers shall be 

ex officio a member of the board without additional compensation. 

1942 Code § 5380; 1932 Code § 5292; Civ. C. '22 § 2550; Civ. C. '12 § 1730: Civ. C. '02 
§ 1200; 1897 (22) 516; 1903 (24) 1084; 1906 (25) 37; 1908 (25) 1151; 1909 (26) 73; 1910 
(26) 740; 1911 (27) 116; 1912 (27) 575; 1913 (28) 21; 1914 (2S) 500; 1917 (30) 390; 
1920 (31) 965. 

§ 21-372. Examination on Constitution and loyalty thereto. 

All persons applying for certificates authorizing them to become teachers 
in the public schools of this State shall, in addition to other requirements and 
before receiving such certificate, be required to pass a satisfactory examina- 
tion upon the provisions and principles of the Constitution of the United 
States and shall also satisfy the examining power of his loyalty thereto. 

1942 Code § 5324: 1932 Code § 5342; 1924 (33) 1186. 

§ 21-373. Record of teachers' certificates. 

A full record of all teachers' certificates shall be kept in the State Depart- 
ment of Education showing the name, age, sex, color and date of certificate of 
each person and such other information as may be desired. 

1942 Code § 5381: 1932 Code § 5295; Civ. C. '22 § 2553; 1920 (31) 965; 1933 (38) 323. 

§ 21-374. Fee for duplicate certificate ; use of resulting fund. 

The board of examiners for teachers may charge a fee of fifty cents for 
every duplicate certificate. The proceeds from such fees shall be deposited 
with the State Treasurer to be used by the board of examiners to cover the 
expense and labor of issuing duplicate certificates promptly and to pay the 
traveling expenses of the director of the board of examiners while in the dis- 
charge of his official duties. All disbursements of such fees shall be made 
only on vouchers approved by the State Superintendent of Education. An 
itemized statement of such expenditures shall be kept and published in the 
annual report of the State Superintendent of Education. 

1942 Code § 5381; 1932 Code § 5295: Civ. C. '22 § 2553; 1920 (31) 965; 1933 (38) 323. 

Article 3. 
Remedy for Discrimination against Teachers. 

§21-381. Teacher discriminated against in fixing salary may file complaint. 

Any school teacher who may feel that he has been discriminated against on 
any ground or for any cause whatsoever by a board of trustees in fixing the 
salary of such teacher, in the exercise of the wide discretion conferred upon 
trustees by law in the fixing of teachers' salaries, may file a complaint for the 
purpose of having such discrimination abated and in so doing shall follow the 
procedure hereinafter set out. 

1947 (45) 110. 

53 



§ 21-382 Code of Laws of South Carolina § 21-386 

§ 21-382. Filing of complaint with county board. 

Such teacher may at any time, during the period for which he has been 
employed, file with the county board of education of the county in which 
the school is located a complaint in writing which shall set forth briefly the 
manner and method by which the alleged discrimination is claimed to have 
occurred. Any number of teachers that are employed by the same school 
district may join in the filing of a complaint. 

1947 (45) 110. 

§21-383. Hearing on complaint. 

Upon the filing of such complaint the county board of education shall fix 
a date for the hearing thereof and at least ten days prior to the date fixed 
shall notify the complainant and the board of trustees of the school district in 
which the teacher is employed of the time and place of such hearing. It 
shall set forth in such notice the grounds of such alleged discrimination. 

1947 (45) 110. 

§ 21-384. Procedure under article. 

The process and procedure under this article shall be as summary and 
simple as reasonably may be. The county board of education shall have the 
power, for the purpose of this article, to subpoena witnesses, to administer 
oaths and to examine such parts of any books and records as relate to the 
questions involved. Any party to such proceedings may cause to be taken 
the depositions of witnesses within or without the State and either by com- 
mission or de bene esse. Such depositions shall be taken in accordance with 
and subject to the same provisions, conditions, and restrictions as apply to 
the taking of like depositions in civil actions at law in the court of common 
pleas, and the same rules with respect to the giving of notice to the opposite 
party, the taking and transcribing of testimony, the transmission and certifica- 
tion thereof and matters of practice relating thereto shall apply. 

1947 (45) 110. 

§ 21-385. Service of subpoenas ; pay of witnesses. 

The county sheriffs and their respective deputies shall serve all subpoenas 
of the county board and shall receive the same fees as are now provided by 
law for like service. Each witness who appears in obedience to such subpoena 
shall receive for attendance the fees and mileage of witnesses in civil cases 
in courts of the county in which the hearing is held. 

1947 (45) 110. 

§ 21-386. Notices. 

All notices to be given under this article by either the county board or the 
State Board shall be given to both parties and the notices herein required to be 
given by a party shall be served upon the opposite party prior to the filing 
thereof. All of such notices may be served by registered mail. 

1947 (45) 110. 

54 



§ 21-387 Education § 21-390 

§ 21-387. Attendance of witnesses and production of records. 

The court of common pleas shall, on application of the county board, en- 
force by proper proceedings the attendance and testimony of witnesses and 
the production and examination of books, papers and records and shall have 
the power to punish as for contempt of court, by a fine or imprisonment or 
both, the unexcused failure or refusal to attend and give testimony or produce 
books, papers and records as may have been required in any subpoena issued 
by the county board. The county board may issue to the sheriff of the county 
in which any hearing is held a warrant requiring him to produce at the hearing 
any witness who shall have ignored or failed to comply with any subpoena 
issued by the county board and duly served upon such witness. Such warrant 
shall authorize the sheriff to arrest and produce at the hearing such witness, 
and it shall be his duty so to do. But the failure of a witness so to appear 
in response to any such subpoena may be excused on the same grounds as 
provided by law in the courts of this State as to the attendance of witnesses 
and jurors. 

1947 (45) 110. 

§21-388. Hearing and decision. 

The hearing before the county board shall be open to the public and shall 
be stenographically reported, and the county board may contract for the 
reporting of such hearing. The county board shall hear the parties at issue 
and their attorneys, if any, and shall determine the matter in a summary 
manner setting forth its findings and conclusions in writing. If it shall find 
that such teacher shall have been discriminated against, it shall require the 
board of trustees to discontinue such discrimination. The county board shall 
give notice by registered mail to both parties of its decision. 

1947 (45) 110. 

§ 21-389. Basis of decision. 

The county board, in passing upon such matters, is hereby vested with 
full discretion to the same extent as if the duty of fixing salaries of teachers 
had been originally imposed upon the county board and shall have the right 
to take into consideration changed conditions arising since the issuance of 
the certificates held by the teachers involved and other facts that will be help- 
ful in rendering a just decision. 

1947 (45) 110. 

§ 21-390. Reclassification of all teachers in district. 

The county board may, in determining whether or not a discrimination 
exists, recommend that the State Board of Education require all teachers in 
the district to be examined and recertified under the procedure then in force 
for the certification of teachers as to their qualifications and may thereupon 
require the trustees of such district to classify such teachers in accordance 
with such recertification for the purpose of fixing their salaries, to the end 
that the salaries of such teachers shall be based upon the value of the services 
rendered, it being found as a fact that each grade of teachers' certificates now 

55 



§21-391 Code of Laws of South Carolina §21-393 

outstanding is held by teachers of greatly varying efficiency, abilities and ac- 
complishments. Should no appeal be taken from a decision of the county 
board making such recommendation, the State Board of Education shall carry 
out such recommendation. 
19-47 (-45) 110. 

§ 21-391. Appeal to State Board. 

Within thirty days after the receipt of any such notice of such decision of 
the county board any party thereto shall have the right to appeal to the State 
Board of Education by filing a notice of appeal stating the grounds thereof 
with the county board of education. Upon such appeal being filed, the county 
board, within thirty days thereafter, shall file a full and complete certified 
transcript of the proceedings had before it with the State Board of Educa- 
tion. Upon receipt of such appeal the State Board of Education shall fix 
a time and place for the hearing thereof and give notice, by registered mail, to 
the parties involved. Such appeal shall be heard upon the transcript of the 
proceedings from the county board and such other investigation and addi- 
tional testimony as the State Board may elect to take, all of which, if taken, 
shall be reported and made a part of the record. The State Board of Educa- 
tion shall review all questions of law and fact and, in determining the matter, 
exercise its discretion as an original duty imposed upon it. All powers and 
remedies herein conferred on county boards as to subpoenaing witnesses, 
enforcing attendance, taking and production of evidence and other procedural 
matters are hereby conferred upon the State Board. 

1947 (45) 110. 

§ 21-392. Reclassification on order of State Board. 

The State Board of Education, upon its own initiative, in the accomplish- 
ment of justice in the matter, may require all teachers in the district from 
which the appeal came to be examined and recertified under the procedure then 
in force for the certification of teachers as to their qualifications and shall 
thereupon require the trustees of such district to classify such teachers in 
accordance with such recertification for the purpose of fixing their salaries, 
to the end that the salaries of such teachers shall be based upon the value of 
services rendered. 

1947 (45) 110. 

§21-393. Findings of fact by State Board final; appeal on errors of law. 

The findings of fact by the State Board of Education shall be final and 
conclusive as to all parties, but any party thereto may within thirty days 
thereafter appeal to the court of common pleas of the county in which the 
appeal arose, to review error of law only, by filing with the State Board of 
Education notice of such appeal and of the grounds thereof. The State Board 
shall, within thirty days thereafter, file a certified copy of the transcript of 
record with the clerk of such court. Any party may appeal to the Supreme 
Court from the court of common pleas in the same manner as provided by 
law for appeals from the circuit court to the Supreme Court. 

1947 (45) 110. 

56 



§21-394 Education §21-411 

§ 21-394. Filing of unappealed decision; enforcement. 

Any decision of either the county board or the State Board which shall 
become final by reason of no appeal being taken therefrom as herein provided 
shall be filed in the office of the clerk of court of the county in which the 
complaint arose within ten days after such decision becomes final by the board 
rendering the decision. Any party thereto shall have the right to apply to the 
circuit court of such county for the enforcement of such decision and the 
court shall enforce such decision in the same manner as judgments of such 
court are enforced. 

1947 (.45) 110. 

§ 21-395. Compensation received prior to filing of complaint not affected. 

Nothing contained herein shall give any teacher any right to claim compen- 
sation in addition to that received for the period prior to the filing of the 
complaint with the county board as provided in § 21-3S2. 

1947 (45) 110. 

§ 21-396. Costs ; fees of clerks of boards. 

Costs shall be taxed in the proceedings authorized hereunder by the respec- 
tive boards in accordance with the procedure and limitations applicable to 
taxing costs in a civil action at law in the court of common pleas. The clerk 
of each board shall be allowed the same fees as clerks of court of the county 
in which the proceedings arose, and any other fees or costs allowed by law 
in the court of common pleas in actions at law, and which are taxable as costs, 
shall apply in the proceedings before the boards and be taxable as costs. The 
costs so taxed of both parties shall be paid by the State Board of Education. 

1947 (45) 110. 



s 


ec. 


21-411. 


21- 


■412. 


21 


-413 


21 


■414. 



CHAPTER 11. 
Subjects of Instruction. 

Sec. 

Subjects required to be taught. 21-419. Instruction in military science and 

Same; nature and effect of alcoholic tactics. 

drinks and narcotics. 21-420. Study of Constitution requisite for 

Same; traffic laws. graduation; proof of loyalty. 

Same; program of safety instruc- 21-421. Same; duration of such instruction, 

tion. 21-422. Same; State Superintendent to en- 

21-415. Same; instruction in fire prevention. force; textbooks. 

21-416. Courses in physical education. 21-423. Same; failure to comply cause for 

21-417. Same; in teacher training colleges. removal. 
21-418. Same; duties and powers of State 
Superintendent. 

§ 21-411. Subjects required to be taught. 

The count}' board of education and the board of trustees for each school 
district shall see that in every school under their care there shall be taught, 
as far as practicable, orthography, reading, writing, arithmetic, geography, 

57 



§ 21-412 Code of Laws of South Carolina § 21-416 

English grammar, the elements of agriculture, the history of the United States 
and of this State, the principles of the Constitutions of the United States and 
of this State, morals and good behavior, algebra, physiology and hygiene (es- 
pecially as to the effects of alcoholic liquors and narcotics upon the human 
system), English literature and such other branches as the State Board may 
from time to time direct. 

1942 Code § 5321; 1932 Code § 5338; Civ. C. '22 § 2589; Civ. C. '12 § 1731; Civ. C. '02 
§ 1201; 1896 (22) 161; 1942 (42) 1453. 

§ 21-412. Same ; nature and effect of alcoholic drinks and narcotics. 

The nature of alcoholic drinks and narcotics and special instruction as to 
their effect upon the human system shall be taught in all the grammar and 
high schools of this State which receive any state aid whatsoever and shall 
be studied and taught as thoroughly and in the same manner as all other 
required branches in such schools, as may be required by the State Board of 
Education. The State Board of Education shall provide for the enforcement 
of the provisions of this section. 

1942 Code § 5323; 1941 (42) 263. 

§21-413. Same ; traffic laws. 

The State Department of Education and the trustees of the State institu- 
tions of higher learning shall establish and require to be taught in the re- 
spective schools under their control a course of instruction on the traffic laws 
of this State. Such course of instruction shall be by lectures. 

1942 Code § 5326; 1934 (38) 1363. 

§ 21-414. Same ; program of safety instruction. 

A definite program of safety instruction shall be included in the curriculum 
and provided in each primary and elementary grade in the public schools of 
the State. 

1942 Code § 5327; 1939 (41) 131. 

§ 21-415. Same ; instruction in fire prevention. 

The State Board of Education shall provide for instruction in fire preven- 
tion in the elementary public schools of the State. Each teacher in a public 
school of this State shall give such instruction in fire prevention as may be 
prescribed by the State Board. 

1942 Code § 5464; 1932 Code § 5470; 1923 (33) 44. 

§ 21-416. Courses in physical education. 

There shall be established and provided in all the public schools of this 
State physical education, training and instruction of pupils of both sexes, 
and every pupil attending any such school, insofar as he is physically fit and 
able to do so, shall take the course or courses therein as provided by this 
section. Suitable modified courses shall be provided for students physically 
or mentally unable or unfit to take the course or courses prescribed for normal 
pupils. 

1942 Code § 5325; 1932 Code § 5343; 1924 (33) 996. 

58 



§ 21-417 Education § 21-420 

§ 21-417. Same ; in teacher training colleges. 

All colleges, schools and other educational institutions in this State giving 
teacher training shall provide a course or courses in physical education, train- 
ing and instruction, and every pupil attending any such college, school or 
educational institution in preparation for teaching service shall take such 
course or courses. 

1942 Code § 5325; 1932 Code § 5343; 1924 (33) 996. 

§ 21-418. Same ; duties and powers of State Superintendent. 

The State Superintendent of Education shall supervise the administration 
of §§ 21-416 and 21-417 and shall prescribe the necessary course or courses 
in physical education, training and instruction and make such rules and regu- 
lations and prepare or cause to be prepared, published and distributed any such 
manual of instruction or course or courses of study or other matter as he may 
deem necessary or suitable to carry out the provisions thereof. 

1942 Code § 5325; 1932 Code § 5343; 1924 (33) 996. 

§ 21-419. Instruction in military science and tactics. 

The board of trustees of any state high school district may, with the ap- 
proval and consent of the county board of education, provide for theoretical 
and practical instruction and training in military science and tactics in their 
high school, prescribe the grades in which such instruction and training shall 
be given and provide the necessary instructors and materials for the same. 
The State Board of Education shall establish and promulgate proper and 
suitable rules and regulations governing such instructions and training, and 
the Adjutant General shall assist and cooperate with the State Board of Edu- 
cation in the preparation of suitable rules and regulations to govern and 
control such instruction and training in state high schools and shall exercise 
such supervision and control of such instruction and training as the State 
Board of Education may approve and require. Any such high school may, 
under such rules and regulations as the State Board of Education may pre- 
scribe, install and maintain United States junior reserve officers training corps 
units. 

1942 Code § 5321; 1932 Code § 5338; Civ. C. '22 § 2589; Civ. C. '12 § 1731; Civ. C. '02 
§ 1201; 1896 (22) 161; 1942 (42) 1453. 

§ 21-420. Study of Constitution requisite for graduation; proof of loyalty. 

All high schools, colleges and universities in this State that are sustained 
or in any manner supported by public funds shall give instruction in the 
essentials of the United States Constitution, including the study of and de- 
votion to American institutions and ideals, and no student in any such school, 
college or university shall receive a certificate of graduation without previous- 
ly passing a satisfactory examination upon the provisions and principles of the 
United States Constitution, and, if a citizen of the United States, satisfying 
the examining power of his loyalty thereto. 

1942 Code § 5324; 1932 Code § 5342; 1924 (33) 1186. 

59 



§21-421 



Code of Laws of South Carolina 



§ 21-423 



§ 21-421. Same ; duration of such instruction. 

The instruction provided for in § 21-420 shall be given for at least one year 
of the high school, college and university grades, respectively. 

1942 Code § 5324; 1932 Code § S342; 1924 (33) 1186. 

§ 21-422. Same ; State Superintendent to enforce ; textbooks. 

The State Superintendent of Education shall make due arrangements for 
carrying out the provisions of §§ 21-420 and 21-421. For such purpose the 
State Superintendent shall prescribe suitable texts adapted to the needs of the 
high schools, universities and colleges for the instruction required under 
§§21-420 and 21-421. 

1942 Code § 5324; 1932 Code § 5342; 1924 (33) 1186. 

§ 21-423. Same ; failure to comply cause for removal. 

Willful neglect or failure on the part of any public school superintendent, 
principal or teacher or the president, teacher or other officer of any high school, 
normal school, university or college to observe and carry out the requirements 
of §§ 21-420 to 21-422 shall be sufficient cause for the dismissal or removal 
of such person from his position. 

1942 Code § 5324; 1932 Code § 5342; 1924 (33) 1186. 



Article 1. 
General Provisions. 



CHAPTER 12. 
Textbooks. 

Sec. 

21-476. 



Sec. 

21-451. State school book commission; 
terms; compensation. 

21-452. Division of textbooks; director. 

21-453. Compensation of director and as- 
sistants. 

21-454. Library committee. 

21-455. Field workers. 

21-456. Use of uniform series of textbooks 
in State aided schools; exceptions. 

21-457. Adoption of new books. 

21-458. Disapproved books not to be used. 

21-459. Issuing notes for books or borrow- 
ing to pay for same. 

Article 2. 
State Rental System. 

21-471. Commission to provide textbooks 

on rental basis. 
21-472. Furnishing library books. 
21-473. Furnishing audio-visual equipment. 
21-474. Pupils not required to purchase, 

but may do so. 
21-475. Separate rental systems for State 

colleges, etc. 



21-477. 



21-478. 



21-479. 



21-480. 
21-481. 

21-482. 

21-483. 
21-484. 

21-485. 
21-486. 
21-487. 
21-488. 

21-489. 
21-490. 



21-491 



Same for counties as school dis- 
tricts. 

Abandonment of county or district 
system. 

Subsequent election to come under 
system. 

Rules and regulations as to deposi- 
tories, distribution and damage to 
books. 

Retention of books within districts. 

Counties to provide depositories for 
books. 

Contracts with publishers for gen- 
eral depositories. 

Fumigation or disinfection of books. 

School districts, etc., responsible for 
damage to books. 

When rentals payable. 

Waiver of rentals. 

Collection and payment of rentals. 

Tax levy to pay for damages or un- 
paid rentals. 

Expenses to be paid out of rentals. 

School authorities to cooperate in 
administration of system. 

When article not applicable. 



60 



§21-451 



Education 



§21-451 



Article 3. 

State Contracts for Textbooks. 
Sec. 

21-501. Contracts for rental or purchase of 
books. 

21-502. Continuance of contracts with text- 
book publishers. 

21-503. Term of original contracts. 

21-504. Most favored nation clause in con- 
tracts. 

21-505. Bids; details as to contracts. 

21-506. Attorney General to approve con- 
tracts. 

21-507. Change of contracts for textbooks. 

21-508. Attorney General to enforce article. 

21-509. School officers not to act as agents 
for publishers. 

Article 4. 
County Free and Rental Systems. 



S 
21 
21 
21 



ec. 

540. 
541. 

542. 



21 

21 

21 

21 

21 
21 



21-521. Free textbooks in certain counties. 
21-522. Limitation of free books to certain 

grades. 
21-523. Rental charge in Marlboro County. 
21-524. Special provisions for York County. 
21-525. Free textbooks in certain grades in 

Chester and Cherokee Counties. 
21-526. Children attending schools outside 

Cherokee County. 
21-527. Rental system in certain counties 

and districts. 
21-528. Rental or free system in Marion 

County. 
21-529. Rental fixed maximum charge in 

certain counties. 
21-530. Children not required to buy books 

in certain counties. 
21-531. Materials not to be furnished. 
21-532. Purchase of books in Chester Coun- 
ty. 
21-533. Same; in Marion County. 
21-534. Blank. 

21-535. Contracts for acquisition of books. 
21-536. Rules and regulations. 
21-537. Blank. 
21-538. Handling, distribution and care of 

books. 
21-539. School officials to cooperate. 

Article 



Issue of notes for books. 
Funds available in Chester County. 
Poll taxes for textbook system in 
Colleton County. 
21-543. Appropriations in Dillon and Marl- 
boro Counties. 
21-544. Tax levy in Union County. 
21-545. Taxes in York County to provide 

funds. 
21-546. Deposit and segregation of funds in 
Colleton, Greenwood and Marion 
Counties. 
■547. Same; York County. 
■54S. Same; Dillon and Florence and 

Marlboro Counties. 
-549. Duties of patrons and trustees in 

Chester County. 
■550. Miscellaneous provisions in Chester 

County. 
■551. Return of books in Marion County. 
-552. Use of State adopted texts. 

Article 5. 

Anderson County System. 

-561. May furnish textbooks free. 
-562. Agreements with local boards. 
-563. Contracts limited. 
-564. Rules and regulations; cooperation. 
-565. Employment of help. 
-566. Board not bound by State adoption 
of textbooks. 

Article 6. 

Fairfield County System. 

-571. Board to furnish free textbooks. 

Article 7. 

Jasper County System. 

-581. Funds to purchase textbooks in Jas- 
per County. 

Article 8. 
Kershaw and Lancaster Systems. 
-591. Free textbooks for pupils in first 



21 



21 



21 



seven grades. 



1. 



General Provisions. 

§ 21-451. State school book commission ; terms ; compensation. 

The State school book commission shall be composed of the Governor, the 
State Superintendent of Education, the director of the division of textbooks, 
one member of the State Board of Education, to be designated by the State 
Board of Education, and three county superintendents of education, to be 
selected by the association of county superintendents of education. The three 
county superintendents of education and the member of the State Board of 

61 



§21-452 Code of Laws of South Carolina §21-455 

Education shall serve for a term of three years and until their successors are 
appointed. The three county superintendents of education and the member 
of the State Board of Education shall be paid the usual per diem paid to mem- 
bers of state commissions and their travel and maintenance expenses as pro- 
vided by law for the days upon which they are actually engaged in the dis- 
charge of the duties herein conferred upon them. All members shall serve ex 
officio. 

1942 Code § 52S5; 1936 (39) 1549. 

§ 21-452. Division of textbooks ; director. 

For the purpose of carrying out the provisions of this chapter the State 
Superintendent of Education shall establish a division of textbooks within the 
State Department of Education and appoint a director of said division, here- 
inafter referred to as the director, whose term of office shall be for a period 
of three years. For the faithful performance of his duties the director shall 
enter into such bond in such penal amount as may be fixed by the State school 
book commission and approved by the Attorney General of the State. 

1942 Code § 5288; 1936 (39) 1549. 

§ 21-453. Compensation of director and assistants. 

As compensation for his services, the director shall, in addition to his annual 
salary, be allowed traveling expenses incurred in the performance of his duties 
not exceeding the sum of nine hundred dollars per annum. In addition, twelve 
hundred dollars per annum shall be allowed for stenographic and bookkeeping 
help. 

1942 Code § 5288; 1936 (39) 1549. 

§ 21-454. Library committee. 

There shall be a library committee composed of the State Superintendent 
of Education, the director of the division of elementary education, the high 
school supervisor and four other members to be appointed by the State Super- 
intendent of Education, two representing the elementary schools and two 
representing the high schools. All library books provided for under article 
2 of this chapter shall be selected from an approved list to be furnished the 
State school book commission by the library committee. 

1942 Code § 5286; 1932 Code § 1549; 1937 (40) 206; 1939 (41) 1; 1945 (44) 266. 

Cross references. — As to general powers §§21-501 to 21-509. As to libraries gen- 
of State Board of Education, see § 21-45. erally, see Title 42. As to school district li- 
As to State contracts for textbooks, see braries, see §§ 42-101 to 42-126. 

§ 21-455. Field workers. 

The director may appoint five field workers who shall be charged with the 
duties assigned by the director and shall perform any and all duties required 
by the provisions of this chapter. As compensation for their services such 
field workers shall each receive a salary and, in addition thereto, actual travel- 
ing expenses incurred while in the discharge of their duties, such expenses not 
to exceed nine hundred dollars per year for any field worker. 

1942 Code § 5290; 1936 (39) 1549. 

62 



§ 21-456 Education § 21-459 

§ 21-456. Use of uniform series of textbooks in State aided schools; exceptions. 

The State Board of Education shall designate a uniform series of textbooks 
which shall be used in every free public school of this State receiving any State 
aid for any purpose whatsoever. No school failing or refusing to use such 
uniform series of textbooks, unless expressly permitted by law so to do, shall 
receive any State school aid for any purpose whatsoever. But the provisions 
of this section shall not apply to any school district that provides free school 
books to the value of twenty thousand dollars or more to the school children 
of such district. The State Board of Education is hereby charged with the 
enforcement of this section. 

1942 Code § 5284; 1932 Code § 5290; 1925 (34) 89. 

Cross reference. — As to general powers of 
State Board of Education over textbooks, 
see § 21-45. 

§ 21-457. Adoption of new books. 

The meetings of the State Board of Education in any year at which an adop- 
tion is made shall be public. New textbooks adopted by the State Board 
of Education in any year shall not be used in the free public schools of this 
State until the next school session begins. 

1947 (45) 55. 

§ 21-458. Disapproved books not to be used. 

In all schools and colleges within this State which are supported in whole 

or in part from the free school funds it shall be unlawful to use any textbook 

which has been condemned or disapproved by the State Board of Education. 

1942 Code § 5298; 1932 Code § 5425; Civ. C. '22 § 2690; Civ. C. '12 § 1804; Civ. C. '02 
§ 1240; 1898 (22) 763. 

§ 21-459. Issuing notes for books or borrowing to pay for same. 

The State school book commission may issue its negotiable notes with 
interest not exceeding three and one-half per cent per annum and may pledge 
all books purchased and all rentals collected under article 2 of this chapter, after 
the payment of all administrative expenses, for the discharge of rental or 
purchase contracts. The full faith, credit and taxing power of the State are 
pledged for the payment of such notes. The State school book commission, in 
its discretion, may borrow upon the same terms as above authorized, from any 
available source, the money with which to purchase such school books, at a rate 
of interest not to exceed three and one-half per cent per annum. But no notes 
shall be issued hereunder without the written approval of the State Budget 
and Control Board. For the purpose of carrying out the provisions of articles 
1 to 3 of this chapter and enabling the State to avail itself to the fullest extent 
of federal aid, in the form of grants or otherwise, that is available for use in the 
State for this and other purposes, the Governor shall procure from all sources 
available such amounts of funds as may be needed to carry out the terms and 
purposes of said articles. 

1942 Code § 5292; 1936 (39) 1549. 

63 



§ 21-471 Code of Laws of South Carolina § 21-474 

Article 2. 
State Rental System. 

§ 21-471. Commission to provide textbooks on rental basis. 

The State school book commission shall provide all the textbooks for 
use in the public schools of the State on a rental system whereby the pupils 
in the public schools will pay an annual rental in an amount to be fixed by the 
State school book commission, in its discretion, graduated as to grades, suf- 
ficient to pay all the costs of the administration of this article and the purchase 
of any books necessary to be acquired by the State school book commission. 
But the commission shall not be required to furnish materials which shall be 
consumed or rendered worthless in any one year, such as pencils, tablets, work- 
books, drawing materials and other similar articles. 

1942 Code § 5286; 1936 (39) 1549; 1937 (40) 206; 1939 (41) 1; 1945 (44) 266. 

Cross references. — As to general powers As to State contracts for textbooks, see 
of State Board of Education, see §21-45. §§ 21-501 to 21-509. 

§21-472. Furnishing library books. 

The State school book commission shall furnish library books, from an 
approved list, to the public school districts or counties of this State upon 
the same terms and conditions that textbooks are now furnished under the 
terms of this article. But when any school district or county shall pay the 
State school book commission the purchase price, plus interest, for such 
library books, such books shall become the property of such school district 
or county. 

1942 Code § 5286; 1936 (39) 1549; 1937 (40) 206; 1939 (41) 1; 1945 (44) 266. 

Cross references. — As to libraries gen- 
erally, see Title 42. As to school district 
libraries, see §§ 42-101 to 42-126. 

§ 21-473. Furnishing audio-visual equipment. 

The State school book commission shall provide audio-visual equipment, 
including films and motion picture projectors, for use in the free public 
schools of the State on either the state rental plan or the library purchase plan. 

1942 Code § 5286; 1936 (39) 1549; 1937 (40) 206; 1939 (41) 1; 1945 (44) 266. 

§ 21-474. Pupils not required to purchase, but may do so. 

No pupil in the public schools of the State shall be required to pay any larger 
amount for the use of the books than authorized by § 21-471 nor to buy outright 
or otherwise acquire any textbook. But any pupil may purchase, if he so de- 
sires, the books to be used by him, in which event no rental fee will be charged 
to such pupil. The State school book commission shall make proper arrange- 
ments for the sale of textbooks to those pupils who desire to purchase them, 
and such textbooks shall be sold at cost plus actual expenses. 

1942 Code §§ 5286, 5289; 1936 (39) 1549; 1937 (40) 206; 1939 (41) 1; 1945 (44) 266. 



64 



§ 21-475 Education § 21-478 

§ 21-475. Separate rental systems for State colleges, etc. 

Any State institution of higher learning may, in the discretion of its board 
of trustees or other governing body, set up a textbook rental system in the 
same manner as is provided in § 21-471 for school districts and may choose 
or purchase its own textbooks. All funds received by such institutions from 
rental of books belonging to such institutions shall be retained by them re- 
spectively. 

1942 Code § 5286; 1936 (39) 1549; 1937 (40) 206; 1939 (41) 1; 1945 (44) 266. 

§ 21-476. Same for counties as school districts. 

Nothing contained in this article shall abrogate the power to set up rental 
or free textbook systems of any school district or county that may have 
such right, and all rentals received by any such district or county from rental 
of books belonging to such district or county shall be retained by such district 
or county. And school districts enrolling five thousand or more school pupils 
shall have the right to set up rental or free textbook systems and choose 
and purchase their own textbooks. All rentals received by such districts from 
rental of books belonging to such districts shall be retained by such districts. 
But any such county or school district having its own rental or free textbook 
system shall be entitled to receive all benefits under the rental library pro- 
visions of this article. 

1942 Code § 5286; 1936 (39) 1549; 1937 (40) 206; 1939 (41) 1; 1945 (44) 266. 

§ 21-477. Abandonment of county or district system. 

Upon the resolution of the county legislative delegation any county or 
school district may abandon its rental or free system of textbooks and accept 
the provisions of this article. Upon any s'uch county or school district aban- 
doning its rental or free system and accepting the provisions of this article, 
the State school book commission shall make, or cause to be made, an inves- 
tigation and shall determine the value to the State of any textbooks belonging 
to such county or district which can reasonably be of use to the State under 
this article, and the commission shall purchase such useful books from such 
county or district, paying therefor either in cash or in such installments as 
may be agreed upon between the State school book commission on the one 
hand and the county board of education, or trustees, as the case may be, on 
the other hand. In the event it be agreed to pay therefor in installments, the 
State school book commission shall enter into reimbursement agreements 
with such officials to pay such installments in the future. 

1942 Code § 5286; 1936 (39) 1549; 1937 (40) 206; 1939 (41) 1; 1945 (44) 266. 

§ 21-478. Subsequent election to come under system. 

Notwithstanding any school district or county may have exercised the 
privilege accorded under § 21-491 not to come under the provisions of this 
article, any such school district or county may retract any such election by 
filing with the State school book commission a written statement, which for 
any school district shall be signed by the board of trustees of such district 
and approved by the Senator and at least one-half of the Representatives from 
[3 SC Code]— 5 65 



§ 21-479 Code of Laws of South Carolina § 21-482 

such county and for any county shall be signed by the county board of educa- 
tion and approved by the Senator and at least one-half of the Representatives 
of such county, in either case to the effect that the district or the county, 
as the case may be, desires to retract any such election theretofore made by 
it and to come under the provisions of this article. Upon any such statement 
being- fded, any such school district or county, as the case may be, shall 
thereupon come under provisions of this article. 

1942 Code § 5286; 1936 (39) 1549; 1937 (40) 206; 1939 (41) 1; 1945 (44) 266. 

§ 21-479. Rules and regulations as to depositories, distribution and damage to 
books. 

The State school book commission shall adopt, establish and promulgate 
such rules and regulations as may be necessary to carry out the purposes of 
this article, which, when not in conflict with the terms and purposes of this 
article, shall have full legal force and effect. Such rules and regulations shall 
provide a system of depositories for the books in the various counties of the 
State, which depositories may be designated as the State school book commis- 
sion may deem best, and shall establish a method of distributing the books to 
the pupils and provide for the reasonable use, care and safety of the books, 
with reasonable penalties for the abuse or destruction of any books, to fall 
upon those using the books or those in charge of their distribution and use. 
Such rules and regulations shall provide for payment by the pupils, their 
parents or legal guardians for the loss of or damage, if any, to any books, 
ordinary wear and tear excepted. 

1942 Code § 5289; 1936 (39) 1549. 

§ 21-480. Retention of books within districts. 

As far as may be practicable the director shall provide for the retention 
of all necessary school books for use by the school districts within such dis- 
tricts. 

1942 Code § 5295; 1936 (39) 1549. 

§ 21-481. Counties to provide depositories for books. 

The various counties, through their properly constituted authorities, shall 
furnish a sufficient and proper place for depositing or storing books used in 
such counties. 

1942 Code § 5289; 1936 (39) 1549. 

§ 21-482. Contracts with publishers for general depositories. 

The State school book commission may require all publishers of textbooks 
with whom textbook contracts have been made to maintain a joint agency 
or depository, in some city in the State to be located at some suitable and 
convenient distributing point, at which general depositor)' each textbook pub- 
lisher shall keep on hand a sufficient stock of books to supply the requirements 
of the state and through which central depository all textbooks shall be dis- 
tributed. Any person or school not controlled by the State may order books 

66 [3SCCode] 



§ 21-483 Education § 21-487 

from the general depository, and the books so ordered shall be furnished for 
cash at cost plus actual expenses. 
1942 Code § 5289; 1936 (39) 1S49. 

§ 21-483. Fumigation or disinfection of books. 

The director, in conjunction with the State Board of Health, shall adopt 
rules and regulations governing the fumigation or disposal of textbooks from 
quarantined homes and for the regular disinfection of all textbooks used 
in the public schools of the State. 

1942 Code § 5295: 1936 (39) 1549. 

§ 21-484. School districts, etc., responsible for damage to books. 

The director shall hold each school district in the State responsible for the 
proper protection, use and care of all school books allotted to each such dis- 
trict under the terms of this article. Each school district shall make reports 
to the director when required by the director as to the books on hand and 
their condition and shall, within thirty days after the end of each school term, 
return all school books allocated to such district to the place or places required 
by the director. The director shall, as soon as practicable after the close of 
each school term, determine the loss and damage, if any, ordinary wear and 
tear excepted, sustained by such books in any school district or other educa- 
tional unit and shall make demand for the payment for such damage upon 
the various districts and units against which loss and damage shall have been 
assessed. Any such district or unit feeling itself aggrieved by any such de- 
termination may appeal to the State school book commission. Unless such 
appeal be taken and sustained an)- such district or unit shall forthwith pay for 
such loss and damage. 

1942 Code § 5293; 1936 (39) 1549. 

§21-485. When rentals payable. 

The rentals shall be paid by or for each pupil annually in advance upon the 
opening of school, before any pupil is allowed the use of the books. 

1942 Code § 5286; 1936 (39) 1549; 1937 (40) 206; 1939 (41) 1; 1945 (44) 266. 

Cross references. — As to general powers As to State contracts for textbooks, see 
of State Board of Education, see § 21-45. §§ 21-501 to 21-509. 

§ 21-486. Waiver of rentals. 

The State school book commission shall waive rentals for as many of the 
grammar and high school grades as available funds will permit, to the end 
that textbooks shall be supplied to the school children of the State without 
charge at the earliest possible date. 

1942 Code § 5296; 1936 (39) 1549. 

§ 21-487. Collection and payment of rentals. 

The rentals provided hereunder shall be collected by the various school dis- 
tricts in the State, and each school district shall pay the amount thereof due 
for the use of books by the pupils in such district within thirty days from the 

67 



§ 21-488 Code of Laws of South Carolina § 21-491 

date of the opening of the schools or the admission of new pupils to the schools. 
No school books shall be delivered to any school child on a rental plan until 
the rentals have been fully paid. 
1942 Code § 5290; 1936 (39) 1549. 

§ 21-488. Tax levy to pay for damages or unpaid rentals. 

Upon proper certification by the director and county superintendent of edu- 
cation, the county auditors and county treasurers of the respective counties 
in which such school districts or units are located shall levy sufficient millage 
in or upon any such school district or other educational unit sufficient to pay 
any amount due the State school book commission for any loss, damage or 
rentals due by such district or other educational unit under the terms of this 
article. But in the event there are sufficient funds on deposit to the credit of 
the school district or other educational unit, the trustees of the school district 
or the county board of education are directed to draw a warrant against such 
funds to cover the amount of such loss or shortage in rental funds accruing 
under the terms of this article, in which case no levy shall be made. 

1942 Code § 5293; 1936 (39) 1549. 

§ 21-489. Expenses to be paid out of rentals. 

All necessary expenses incurred in administering the terms of this article 
shall be paid from the rentals collected hereunder. 

1942 Code § 5289; 1936 (39) 1549. 

§ 21-490. School authorities to cooperate in administration of system. 

The county superintendents and boards of education in the various counties 
of the State shall cooperate with the State school book commission in the 
administration of the terms of this article and the rules and regulations es- 
tablished by the State school book commission in such manner as may be 
requested or required by the State school book commission. All superin- 
tendents, principals and teachers in the schools of this State shall cooperate 
fully with the State school book commission and county boards of education 
in the proper and orderly administration of the terms of this article, and the 
State school book commission may promulgate rules to provide cooperation 
by the superintendents, principals and teachers and to establish penalties for 
failure to cooperate. 

1942 Code § 5291; 1936 (39) 1549. 

§ 21-491. When article not applicable. 

The provisions of this article shall not apply (a) to any school district the 
board of trustees of which filed before August 1 1936 with the State school 
book commission a written statement, approved by the Senator and at least 
one-half of the Representatives from such county, to the effect that it did not 
elect to come under the provisions of this article, nor (b) to any county the 
county board of education of which filed before August 1 1936 with the State 
school book commission a written statement, approved by the Senator and 

6S 



§ 21-501 Education § 21-503 

at least one-half of the Representatives from such county, to the effect that 
it did not elect to come under the provisions of this article. 

1942 Code § 5286; 1936 (39) 1549; 1937 (40) 206; 1939 (41) 1; 1945 (44) 266. 

Cross references. — -As to general powers As to State contracts for textbooks, see 
of State Board of Education, see § 21-45. §§ 21-501 to 21-509. 

Article 3. 
State Contracts for Textbooks. 

§ 21-501. Contracts for rental or purchase of books. 

The State school book commission may negotiate and execute contracts 
with the publishers of school books whereby the State will rent from the 
publishers or buy outright the books to be used in the public schools, with 
discretion in the State school book commission to make rental contracts or 
purchase contracts as it may be to the best advantage of the State. Any con- 
tract made with a publisher of textbooks may be made so as to divide the 
payment to the publisher for rental or purchase over a period of three years, 
but nothing herein shall be construed to prevent the State school book com- 
mission from purchasing or renting additional books as the necessity shall 
or may arise. If the State school book commission should decide to pur- 
chase outright the books to be used in the schools of this State, they shall 
be purchased at the lowest possible prices and, so far as existing contracts 
for State-adopted books will permit, pursuant to competitive bidding. 

1942 Code § 5292; 1936 (39) 1549. 

Cross references. — As to State textbook As to State textbook rental system, see 
system generally, see §§21-451 to 21-459. §§ 21-471 to 21-491. 

§ 21-502. Continuance of contracts with textbook publishers. 

At the expiration of any contract between the State and the publisher 
of any textbook, the State Board of Education, upon satisfactory agreement 
being had with such publisher, may continue the contract for any such text- 
book, or the latest editions thereof, for an indefinite period which may be 
terminated either by the State Board of Education or the publisher upon 
ninety days' notice. The Board may extend contracts at different prices from 
those of the original contracts. 

1942 Code § 5282; 1932 Code § 5289; Civ. C. '22 § 2549; Civ. C. '12 § 1708; Civ. C. '02 
§ 1184; 1S96 (22) 150; 1914 (28) 450; 1915 (29) 188; 1923 (33) 147; 1927 (35) 354; 1928 
(35) 1215; 1931 (37) 391; 1940 (41) 1763, 1886; 1947 (45) 55. 

§ 21-503. Term of original contracts. 

Original contracts made with publishers of all textbooks shall run for a 
period of four years plus an indefinite period which may be terminated either 
by the State Board of Education or the publisher upon ninety days' notice, 
provided notice is given ninety days before January 1st of the year of cancella- 
tion. 

1942 Code § 5282; 1932 Code § 5289; Civ. C. '22 § 2549; Civ. C. '12 § 1708; Civ. C. '02 
§ 1184; 1896 (22) 150; 1914 (28) 450; 1915 (29) 188; 1923 (33) 147; 1927 (35) 354; 1928 
(35) 1215; 1931 (37) 391; 1940 (41) 1763, 1886; 1947 (45) 55. 

69 



§ 21-504 Code of Laws of South Carolina § 21-506 

§ 21-504. Most favored nation clause in contract. 

All contracts shall provide that if any person who furnishes adopted text- 
books to the State shall sell the same textbooks or cause them to be sold to 
any other person, state or state board for a price less than that which this 
State has contracted to pay for such textbooks, then such lower price shall 
automatically become the contract price for such textbooks in this State and 
the contents of the textbooks shall be considered and not the title in investi- 
gating such prices. The State Board of Education shall make the necessary 
investigations as to the prices of such textbooks so sold to other persons, 
states or state boards. 

1942 Code § 5282; 1932 Code § 5289; Civ. C. '22 § 2549; Civ. C. '12 § 1708; Civ. C. '02 
§ 1184; 1896 (22) 150; 1914 (28) 450; 1915 (29) 188; 1923 (33) 147; 1927 (35) 354; 1928 
(35) 1215; 1931 (37) 391; 1940 (41) 1763, 1886; 1947 (45) 55. 

§ 21-505. Bids ; details as to contracts. 

The State Board of Education shall make all necessary rules and regula- 
tions pertaining to : 

(1) The advertisement of bids; 

(2) The submission of prices ; 

(3) The sampling of, and hearings on, textbooks offered for adoption; 

(4) The nature and type of contract to be entered into between the State 
and the publisher; 

(5) The nature and type of bond to be entered into between the State and 
the publisher, the penal amount of such bond, conditioned upon the faith- 
ful performance by the publisher, of any contract awarded to it, to be not 
more than five thousand dollars ; 

(6) The distribution of textbooks through central or local depositories, 
subject to the provisions of article 2 of this chapter providing for a rental 
system of textbooks for the free public schools ; and 

(7) All other needful rules and regulations not otherwise herein specified. 

1942 Code § 5282; 1932 Code § 5289; Civ. C. '22 § 2549; Civ. C. '12 § 1708; Civ. C. '02 
§ 1184; 1896 (22) 150; 1914 (28) 450; 1915 (29) 188; 1923 (33) 147; 1927 (35) 354; 1928 
(35) 1215; 1931 (37) 391; 1940 (41) 1763, 1886; 1947 (45) 55. 

§ 21-506. Attorney General to approve contracts. 

The Attorney General of the State shall approve all contracts to be en- 
tered into between the State and publishers and shall approve the bond to 
be filed by each contract publisher. Such bond shall be placed in the custody 
of the State Treasurer. 

1942 Code § 5282; 1932 Code § 5289; Civ. C. '22 § 2549; Civ. C. '12 § 1708; Civ. C. '02 
§ 1184; 1896 (22) 150; 1914 (28) 450; 1915 (29) 188; 1923 (33) 147; 1927 (35) 354; 1928 
(35) 1215; 1931 (37) 391; 1940 (41) 1763, 1886; 1947 (45) 55. 



70 



§ 21-507 Education § 21-523 

§ 21-507. Change of contracts for textbooks. 

The State Board of Education may, in its discretion, postpone, alter, amend 

or modify the terms of State adoption of textbook contracts. 

1942 Code § 5287; 1936 (39) 1549. 

Cross reference. — As to power of State 
Board of Education to adopt textbooks, see 
§ 21-45. 

§ 21-508. Attorney General to enforce article. 

The Attorney General shall institute and prosecute suits against all vio- 
lators of the provisions of this article and all contracts entered into in 
violation of the terms of this article shall be null and void. 

1942 Code § 5282; 1932 Code § 5289; Civ. C. '22 § 2549; Civ. C. '12 § 1708; Civ. C. '02 
§ 1184; 1896 (22) 150; 1914 (28) 450; 1915 (29) 188; 1923 (33) 147; 1927 (35) 354; 1928 
(35) 1215; 1931 (37) 391; 1940 (41) 1763, 1886; 1947 (45) 55. 

§ 21-509. School officers not to act as agents for publishers. 

It shall be unlawful for any teacher of a school supported in whole or in 
part from the public school funds of this State or any trustee of any such 
school or any other school officer to become an active or silent agent of any 
school book publisher or be in anywise pecuniarily interested in the intro- 
duction of any school book into any school in this State. Any person violat- 
ing any of the provisions hereof shall be guilty of a misdemeanor, and, upon 
conviction thereof, shall be subject to a fine of not less than one hundred 
dollars or imprisonment in the county jail for a period of not less than thirty 
days, or both, at the discretion of the circuit judge. 

1942 Code § 5297; 1932 Code § 1556; Cr. C. '22 § 504; Cr. C. '12 § 576; Cr. C. '02 § 419; 
1896 (22) 170. 

Article 4. 

County Free and Rental Systems. 

§ 21-521. Free textbooks in certain counties. 

The county boards of education of Florence, Marlboro and Union Counties 

may, and the county boards of education of Dillon and York Counties shall, 

furnish textbooks free for use in the public schools of their respective counties. 

1942 Code §§ 5571-2, 5588, 5634, 5662, 5673; 1936 (39) 1526; 1938 (40) 1831; 1939 (41) 
81, 135, 190; 1945 (44) 210. 

§ 21-522. Limitation of free books to certain grades. 

The county boards of education of Dillon, Marlboro and Union Counties 
may limit the provision of free textbooks to such grade or grades as to them 
may seem advisable ; provided that no provision shall be made for free text- 
books in a high school grade until after provision has been made for free 
textbooks in all grammar school grades in said respective counties. 

1942 Code §§ 5571-2, 5634, 5662; 1936 (39) 1526; 1939 (41) 81, 135. 

§ 21-523. Rental charge in Marlboro County. 

The county board of education of Marlboro County may in such cases as 
to it seem appropriate make a rental charge for the use of such textbooks, 

71 



§21-524 Code of Laws of South Carolina §21-527 

such rental fee, if charged, to be paid annually in advance upon the opening 
of school or upon the admission of children to the schools. 
1942 Code § S634; 1936 (39) 1526. 

§ 21-524. Special provisions for York County. 

The title to books purchased by the county board of education of York Coun- 
ty shall remain in the board. Each pupil in the ninth, tenth, eleventh and 
twelfth grades of the schools of said county receiving such books free of 
rental charge shall be charged an annual book fee of one dollar, which fee 
shall be paid annually in advance upon the opening of the school or upon 
admission of the pupil to the school. 

1942 Code § 5673; 1936 (39) 1454; 1939 (41) 190; 1945 (44) 210. 

§ 21-525. Free textbooks in certain grades in Chester and Cherokee Counties. 

The count)- board of education of Chester County shall provide free text- 
books for the pupils from the first to the seventh grades, inclusive, in all of 
the free public schools of said county, and the county board of education of 
Cherokee County may provide free textbooks for the pupils from the first to 
the eleventh grades, inclusive. The county board of education of Chester 
County shall use in carrying out the purposes of this section any books on 
hand on March 27 1942. Nothing in this article shall be construed so as 
to interfere in any way with the county board of education of Chester County 
renting textbooks above the seventh grade, nor to prohibit such county board 
of education from selling outright textbooks to any person who wishes to pur- 
chase them. 

1942 Code § 5549; 1939 (41) 126, 559; 1942 (42) 1733. 

§ 21-526. Children attending schools outside Cherokee County. 

If any child who lives in Cherokee County attends a school outside of the 
county the county board of education may in its discretion furnish to such 
child free textbooks in the same manner as if such child were attending a 
school within Cherokee County. The board may have the right in its dis- 
cretion to pay rent on the textbooks for those children attending school out- 
side of the county. 

1942 Code § 5549; 1939 (41) 126, 559. 

§ 21-527. Rental system in certain counties and districts. 

The county boards of education of Chester, Colleton and Greenwood Counties 

and the board of school commissioners of School District No. 17 in Sumter 

County may, in their discretion, provide textbooks for use in the public 

schools of their counties, district or city on a rental system whereby, except 

as otherwise provided under § 21-525 with respect to Chester County, the 

children in such public schools will pay an annual rental fee to be set up and 

determined by such boards. 

1942 Code §§ 5552-1, 5564-1, 5597; 1935 (39) 304; 1936 (39) 1541, 1578, 1681; 1942 (42) 
1733; 1949 (46) 158; 1950 (46) 1987. 

72 



§ 21-528 Education § 21-532 

§ 21-528. Rental or free system in Marion County. 

The county board of education of Marion County may, if and when in its 
discretion it may be deemed advisable, provide textbooks for use in the public 
schools of Marion County, either on a rental system or a free system, or on 
a system in part rental and in part free. And the county board may in its 
discretion set up a gradual free system on the basis of grades, commencing 
with the lower grades. If any rental system is used the school children 
affected thereby shall be required to pay an annual rental fee to be set up 
and determined by the county board and to be paid annually in advance upon 
the opening of school or upon the admission of children to the schools. 

1942 Code § 5631; 1936 (39) 1683. 

§ 21-529. Rental fixed maximum charge in certain counties. 

No child in the public schools of Colleton, Greenwood and Marion Counties 

and of School District No. 17 of Sumter County shall be required to pay any 

larger amount for the use of books than that fixed by the county board of 

education or the board of school commissioners of said district, as the case 

may be. 

1942 Code §§ 5564-1, 5597, 5631, 5659-2; 1935 (39) 304; 1936 (39) 1541, 1681, 1683; 1949 
(46) 158. 

§ 21-530. Children not required to buy books in certain counties. 

No child in the public schools of Colleton or Greenwood Counties or School 
District No. 17 of Sumter County shall be required to buy outright or other- 
wise acquire any textbook. 

1942 Code §§ 5564-1, 5597, 5659-2; 1935 (39) 304; 1936 (39) 1454, 1541; 1939 (41) 190; 
1949 (46) 158. 

§ 21-531. Materials not to be furnished. 

Under the systems so established in Chester, Cherokee, Colleton, Dillon, 
Florence, Greenzuood, Marion, Marlboro, Union and York Counties and School 
District No. 17 of Sumter County, the respective boards shall not furnish un- 
der the terms of this article materials which would be consumed or rendered 
worthless in any one year, such as pencils, tablets, work books and drawing 
or other similar materials. 

1942 Code §§ 5549, 5564-1, 5571-2, 5588, 5597, 5631, 5634, 5662, E673; 1932 Code § 5320-C; 
1927 (35) 226; 1935 (39) 304; 1936 (39) 1454, 1526, 1541, 1683; 1938 (40) 1831; 1939 (41) 
126, 135, 190, 559; 1942 (42) 1733; 1945 (44) 210; 1949 (46) 158. 

§ 21-532. Purchase of books in Chester County. 

The county board of education of Chester County may purchase textbooks 
with notes or cash from the State Board of Education or from such legalized 
agency as may be handling and selling textbooks for the schools in the State. 
Nothing in this article shall be construed to prevent the county board of 
education from purchasing state adopted books direct from the publishers if 
it appears best to do so. 

1942 Code § 5552-1; 1936 (39) 1578. 

73 



§ 21-533 Code of Laws of South Carolina § 21-538 

§ 21-533. Same ; in Marion County. 

If the county board of education of Marion County should decide to pur- 
chase outright any or all of the books to be used in the schools of the county, 
it shall purchase them at the lowest possible price and by competitive bidding, 
regard being had to the mechanical make up and contents of the books sub- 
mitted, as well as the prices bid. The board may purchase such books as it 
may decide to purchase outright, direct from the publishers, and may store, 
distribute and handle them in such manner as it may deem wise, without re- 
gard to existing state or county depositories. 

1942 Code § 5631; 1936 (39) 1683. 

§21-534. Blank. 

§ 21-535. Contracts for acquisition of books. 

The county boards of education of Cherokee, Colleton, Dillon, Florence, Grcen- 

ivood, Marion, Marlboro, Union and York Counties, and the board of school 

commissioners of School District No. 17 in Sumter County may negotiate and 

execute contracts with publishers or, in the case of Florence County, individuals 

or any agency or commission of the State, whereunder the county will rent or 

buy the books to be used in the public schools, with discretion in the county 

board to make rental contracts or purchase contracts as it may appear to 

the best advantage of the county. Any contracts made with publishers of 

textbooks, or in Florence County with an agency or commission of the State, 

may be made so as to divide the payment for rental or purchase over a period 

of not more than three years in Greenwood and Marion Counties, and School 

District No. 17 of Sumter County, four years in Union County, five years in 

Cherokee, Colleton, Florence, Marlboro and York Counties and six years in Dillon 

County. But nothing herein shall be construed to prevent the county board of 

education from purchasing or renting additional books as the necessity may 

arise. 

1942 Code §§ 5549, 5564-1, 5571-2, 5588, 5597, 5631, 5634, 5662, 5673; 1932 Code § 5320-C; 
1927 (35) 304; 1936 (39) 1454, 1526, 1541, 1683; 1938 (40) 1831; 1939 (41) 126, 135, 190, 
559; 1945 (44) 210; 1949 (46) 158; 1950 (46) 1987. 

§ 21-536. Rules and regulations. 

The county boards of education and the board of school commissioners of 
District No. 17 of Sumter County shall adopt, establish and promulgate such 
reasonable rules and regulations as may be necessary to carry out the pur- 
poses of this article. Such rules and regulations when not in conllict with the 
terms and purposes of this article shall have full legal force and effect. 

1942 Code §§ 5549, 5552-1, 5564-1, 5571-2, 5588, 5597. 5631, 5634, 5662, 5673; 1932 Code 
§ 5320-C; 1927 (35) 304; 1936 (39) 1454, 1526, 1541, 1578, 1683; 1938 (40) 1831; 1939 (41) 
126, 135, 190, 559; 1949 (46) 158. 

§21-537. Blank. 

§ 21-538. Handling, distribution and care of books. 

The rules and regulations promulgated pursuant to § 21-536 (a) shall provide 

74 



§ 21-539 Education § 21-540 

a system for handling the books in the various schools of the county or district 

by the county superintendent of education or the superintendents, principals 

or teachers in the schools, who shall perform such duties without additional 

compensation, (b) shall establish a method of distributing the books to the 

school children and, in Chester County, of collecting all moneys for them, and 

(c) shall provide for the reasonable use, care and safety of the books, with 

reasonable penalties for the abuse or destruction of the books to fall upon those 

using the books or, except in Chester and York Counties, in charge of their 

distribution and use. 

1942 Code §§ 5549, 5552-1, 5564-1, 5571-2, 5588, 5597, 5631, 5634, 5662, 5673; 1932 Code 
§ 5320-C; 1927 (35) 304; 1936 (39) 1454, 1526, 1541, 1578, 1683; 1938 (40) 1831; 1939 (41) 
126, 135, 190, 559; 1949 (46) 158. 

§ 21-539. School officials to cooperate. 

All superintendents, principals and teachers in the schools of the counties 
and school district establishing systems under this article shall cooperate 
fully with the respective boards in the proper and orderly administration of 
the terms of this article, and the respective boards may promulgate rules to 
provide cooperation by the superintendents, principals and teachers and to 
establish penalties for failure to cooperate by withholding salaries or other- 
wise. 

1942 Code §§ 5549, 5552-1, 5564-1, 5571-2, 5588, 5597, 5631, 5634, 5662, 5673; 1932 Code 
§ 5320-C; 1927 (35) 304; 1936 (39) 1454, 1526, 1541, 1578, 1683; 1938 (40) 1831; 1939 (41) 
126, 135, 190, 559; 1949 (46) 158. 

§ 21-540. Issue of notes for books. 

The respective county boards of education (other than that of Florence 
County), and the board of school commissioners of District No. 17 of 
Sumter County, establishing systems under this article, may issue their re- 
spective negotiable notes, with interest not exceeding five per cent in York 
County or four per cent in all other cases except in Chester County, such notes 
to be paid from the rentals provided for the use of the books by the school 
children or from other funds herein provided or otherwise accruing to the 
respective boards. Such notes shall not exceed twenty-five thousand dollars 
in amount in Cherokee County, nine thousand dollars in Dillon County, ten 
thousand dollars in Marlboro County nor twenty thousand dollars in Union 
County nor shall they extend in maturities over a period in excess of five 
years in Cherokee, Marlboro or Union Counties, or six years in Dillon County. 
Such notes shall be callable in Cherokee, Dillon, Marlboro and Union Counties. 
In Chester County such notes shall be executed by the county treasurer and 
countersigned by the county superintendent of education and the chairman 
of the governing body of the county, and the county treasurer may pledge the 
full faith, credit and taxing power of the county and also the proceeds from 
rentals and sales of textbooks as security for any notes issued by authority of 
this article. In Dillon and Marlboro Counties all notes which may be issued 
under the terms of this section shall be signed by the county treasurer and 
shall constitute valid and binding obligations of the county for the repay- 
ment of which the full faith, credit and taxing power of the county are hereby 

75 



§ 21-541 Code of Laws of South Carolina § 21-545 

irrevocably pledged. In Marion County the county board may, if it deems 
it to be wise, with the written approval of the county legislative delegation, 
use any surplus funds which may be available towards the cost of furnishing 
such text books or the payment of such notes. In York County the county 
board of education may pledge the credit of the county for the payment of 
such notes. 

1942 Code §§ 5549, 5552-1, 5564-1, 5571-2, 5597, 5631, 5634, 5662, 5673; 1932 Code 
§ 5320-C; 1927 (35) 304; 1936 (39) 1454, 1526, 1541, 1578, 1683; 1939 (41) 126, 135, 190, 
559; 1949 (46) 158; 1950 (46) 1987. 

§ 21-541. Funds available in Chester County. 

The county board of education of Chester County may use for the purpose of 
the system established pursuant to the provisions of this article any part of the 
proceeds of the annual one mill school levy not otherwise specifically appro- 
priated by the annual county supply act, and any other funds, as may be neces- 
sary, that have been or may be accumulated in the school funds of the county 
and such sums as may be accumulated when State funds are made available for 
purposes heretofore taken care of out of local levies. 

1942 (42) 1733. 

§ 21-542. Poll taxes for textbook system in Colleton County. 

The county treasurer of Colleton County shall credit all poll taxes col- 
lected each year to the rental textbook account to be used to furnish free 
textbooks in the elementary grades. 

1944 (43) 1193. 

§ 21-543. Appropriations in Dillon and Marlboro Counties. 

For the purpose of providing funds for the purposes set forth in this article, 
there is hereby set aside and appropriated annually from the revenue ac- 
cruing annually from the insurance premium tax in Dillon County the sum 
of two thousand dollars and in Marlboro County the sum of two thousand five 
hundred dollars, should so much be necessary. 

1942 Code §§ 5571-2, 5634; 1932 Code § 5320-C; 1927 (35) 226; 1936 (39) 1526. 

§ 21-544. Tax levy in Union County. 

For the purpose of providing funds for the purposes set forth in this article, 
there shall be one mill levied on all property in Union County, and the county 
auditor shall levy and the treasurer collect such tax annually. 

1942 Code § 5662; 1939 (41) 135. 

§ 21-545. Taxes in York County to provide funds. 

The auditor of York County, upon written recommendation of the county 
superintendent of education, shall levy a tax annually on all of the taxable 
property in the county sufficient to supply the funds to pay for the rental or 
purchase of textbooks, and the county treasurer shall collect such tax as 
other taxes are collected. 

1942 Code § 5673; 1939 (41) 190. 

76 



§ 21-546 Education § 21-550 

§ 21-546. Deposit and segregation of funds in Colleton, Greenwood and 

Marion Counties. 

All funds collected hereunder in Colleton, Greenwood and Marion Counties 
shall be deposited with the county treasurer and be segregated for the ad- 
ministration of this article. 

1942 Code §§ 5564-1, 5597, 5631; 1935 (39) 304; 1936 (,39) 1541, 1683. 

§ 21-547. Same ; York County. 

All funds collected hereunder in York County shall be deposited with the 
the county treasurer and placed in a special fund to be paid out on warrants 
drawn by the county board of education for the exclusive purpose herein 
stated. 

1942 Code § 5673; 1936 (39) 1454; 1939 (41) 190. 

§ 21-548. Same; Dillon and Florence and Marlboro Counties. 

In Dillon, Florence and Marlboro Counties all funds designated under this 
article for the purpose of this article and all other funds transferred or col- 
lected under the provisions of this article shall be deposited with the county 
treasurer in the general fund of the county, but carried on the books of the 
county treasurer as a separate account. The county board of education of 
Dillon County may use a reasonable amount of the funds herein provided for 
administrative purposes. 

1942 Code §§ 5588, 5634, 5571-2; 1932 Code § 5320-C; 1927 (35) 226; 1936 (39) 1526; 
1938 (40) 1831. 

§ 21-549. Duties of patrons and trustees in Chester County. 

All patrons of the schools of Chester County using rental books shall abide 
by such rules and regulations as the county board of education may make in 
regard to safely storing the books while the schools are not in session. All 
books rented by the patrons are the property of the county. All school trus- 
tees in the districts of the county shall cooperate with the county board of 
education in executing such rules as may be made for safely storing school 
books. The county board of education ma}' employ such assistance as it 
may deem necessary to carry out efficiently the provisions of this article. 

1942 Code § 5552-1; 1936 (39) 1578. 

§ 21-550. Miscellaneous provisions in Chester County. 

In Chester County parents who prefer to do so may pay the full purchase 
price for books and own them. Work books, drawing and writing material 
may be handled, provided local firms refuse to do so, but the full sale price 
must be collected when sold. It is the intention of this article that rentals 
will apply only to adopted textbooks and to nothing else. The board shall 
not be required to furnish or rent books to children who have suitable State 
adopted textbooks which they may use, and the board shall adopt such rules 
and regulations as it may determine to be best to enforce this section. 

1942 Code § 5552-1; 1936 (39) 1578. 

77 



§ 21-551 Code of Laws of South Carolina § 21-562 

§ 21-551. Return of books in Marion County. 

If any free system is used in Marion County the county board may adopt 
and enforce rules and regulations insuring the preservation and return of 
the books, the intent being that the books shall be lent and not given outright. 

1942 Code § 5631; 1936 (39) 1683. 

§ 21-552. Use of State adopted texts. 

The county boards of education of Colleton, Florence, Marlboro and York 
Counties, and the board of school commissioners in District No. 17 in Sumter 
County shall not be required to use or select State-adopted textbooks, but 
it shall be lawful for the public schools of such counties and districts to 
use such books as may be selected by the appropriate county or district 
board. The high schools of Cherokee County shall be permitted to use not 
more than twenty-five per cent of textbooks that are not State adopted. 
The county board of education of Chester County may select from the adopted 
list of the State Board of Education, in cooperation with a committee of super- 
intendents, principals and teachers in the schools of the county selected by the 
county board of education, a list of such books as they deem best suited for use 
in the schools of Chester County. The board and this committee shall state the 
basic order in which books shall be used in the schools of Chester County, and 
the use in this order shall be required of all the teachers in the county. No 
revised edition of any books adopted for use in the schools of Chester County 
shall be used within a six-year period without the approval of the county board 
of education. In Marion County State-adopted textbooks only shall be used, 
except that this requirement as to the exclusive use of State-adopted textbooks 
shall not apply in case or to the extent a free system is set up. The county 
board of education of Union County shall use State-adopted textbooks, except 
when, in the opinion of the county board, a change in some particular book 
or books is desirable. 

1942 Code §§ 5549, 5552-1, 5S64-1, 5588, 5597, 5631, 5634, 5662, 5673; 1932 Code § 5320-C; 
1935 (39) 304; 1936 (39) 1454, 1526, 1541, 1578, 1683; 1938 (40) 1831; 1939 (41) 126, 135, 
190, 559; 1949 (46) 158; 1950 (46) 1987. 

Article 5. 
Anderson County System. 

§ 21-561. May furnish textbooks free. 

The county board of education of Anderson County may furnish textbooks 
free for use in the public schools of Anderson County. Introduction of such 
system may be on a gradual basis in the discretion of the county board of 
education. And the county board shall in no one year spend an amount 
greater than ten thousand dollars hereunder. No material consumed or ren- 
dered worthless in any one year by usage shall be furnished under the terms 
of this article. 

1942 Code § 5525-2; 1936 (39) 1572; 1940 (41) 1789. 

§ 21-562. Agreements with local boards. 

The county board of education may in its discretion enter into such agree- 

78 



§21-563 Education ■ §21-571 

ments or arrangements with the local boards of trustees as shall be mutually 
agreed upon to provide textbooks for use in the public schools of Anderson 
County on a rental system whereby the pupils shall be able to obtain the use 
of books by paying an annual rental fee in advance, the amount to be set 
by the county board of education, not in excess, however, of one-third the 
amount of the purchase price of the book. This section shall apply only to 
the grades or subjects wherein free textbooks are not furnished. 
1942 Code § 5525-2; 1936 (39) 1572; 1940 (41) 17S9. 

§ 21-563. Contracts limited. 

Nothing herein contained shall be construed to authorize the county board 
to contract a debt greater than the difference between the current income and 
the current approved budget for expenditures as shown in the annual supply 
act. 

1942 Code § 5525-2; 1936 (39) 1572; 1940 (41) 1789. 

§ 21-564. Rules and regulations; cooperation. 

The county board of education shall set up rules governing the provisions 
of this article and shall provide for the cooperation of the different school dis- 
tricts. Xo county aid shall be disbursed to any school district failing to co- 
operate with the provisions of § 21-561. 

1942 Code § 5525-2; 1936 (39) 1572; 1940 (41) 1789. 

§21-565. Employment of help. 

The county board of education may employ such help as is necessary for 
the carrying out of the terms of this article. 

1942 Code § 5525-2; 1936 (39) 1572; 1940 (41) 1789. 

§ 21-566. Board not bound by State adoption of textbooks. 

The Anderson County board of education shall not be bound by the State 
adoption of textbooks so far as the furnishing of free textbooks is concerned. 
Textbooks furnished free and textbooks furnished upon rentals for use in the 
public schools of Anderson County, as provided for in this article, shall be such 
as may, from time to time, be designated by the county board of education 
for Anderson County, regardless of whether such textbooks are State adopted 
books or not. 

1942 Code § 5525-2; 1936 (39) 1572; 1940 (41) 17S9. 

Article 6. 

Fairfield County System. 

§ 21-571. Board to furnish free textbooks. 

The county board of education and the boards of trustees of the respective 
school districts of Fairfield County shall provide free textbooks for the pupils 
from the first to the eleventh grades, inclusive, and the cost for providing 
them in each school district shall be paid from the surplus funds to the credit 
of the respective districts. Any rental credits which have already accrued or 

79 



§ 21-581 Code of Laws of South Carolina § 21-591 

will hereafter accrue to the general depository on account of school books 
may be used by the board to supplement the above-mentioned surplus funds 
to the credit of the districts. The allocation of this fund to the several dis- 
tricts is left to the discretion of the county board of education. 
19-12 Code § 5583-1; 1939 (41) 474. 

Article 7. 

Jasper County System. 

§ 21-581. Funds to purchase textbooks in Jasper County. 

The county board of education of Jasper County shall set aside the sum of 
four thousand dollars each year to be apportioned to the several schools of 
Jasper County in proportion to the total cost of operating the schools the 
previous year, for the purpose of purchasing textbooks for the children there- 
of so far as the amount may go. 

1949 (46) 422. 

Article 8. 
Kershatv and Lancaster Systems. 

§ 21-591. Free textbooks for pupils in first seven grades. 

The county boards of education of Kershaw and Lancaster Counties shall, 
respectively, provide free textbooks for the pupils from the first to the seventh 
grades, inclusive, in all of the free public schools of said counties. The county 
boards of education shall not furnish under the terms of this section mate- 
rials which shall be consumed or rendered worthless in any one year, such as 
pencils, tablets, work books, drawing materials and similar materials. The 
county boards of education shall obtain textbooks from the State school book 
commission and pay to the State school book commission a rental fee, not to 
exceed one third of the actual contract price, for all textbooks actually used in 
the first seven grades of the free public schools of the counties. The county 
boards of education shall make payment to the State school book commission 
on or before February 1st and on or before August 1st of each year. The 
provisions of this section shall cease to be in effect if and when a State free 
text book act is passed. 

1942 (42) 1656, 1679. 



80 



Education 



CHAPTER 13. 
Special Types of Schools or Instruction. 



Article 1. 
Kindergartens. 
Sec. 
21-601. Establishment of kindergartens. 
21-602. Part of common school system. 
21-603. Qualifications of teachers. 
21-604. Counties exempted from articles. 

Article 2. 

Schools for Eleemosynary 
Institutions. 

21-611. Schools for certain eleemosynary in- 
stitutions. 

21-612. Local board of trustees to control 
and operate; school building. 

21-613. Cost of operation; State Board may 
discontinue. 

Article 3. 

High Schools. 
21-621. Establishment and maintenance. 
21-622. Board of trustees of high schools. 
21-623. High schools previously established 

may claim privileges of article. 
21-624. Certain high school districts created 

bodies corporate. 
21-625. Area of such districts. 
21-626. Blank. 

21-627. Board of trustees of such districts. 
21-628. Corporate name of such district; 

clerk. 
21-629. General privileges; regulation by 

State Board. 
21-629.1. Powers of trustees; sale, etc., of 

property. 
21-630. When accredited high schools to 

issue uniform diplomas; units re- 
quired. 
21-631. Report of colleges, etc., concerning 

high school graduates. 
21-632. Tabulation of information by State 

Superintendent. 
21-633. State Board of Education to make 

regulations; high school inspector. 

Article 4. 

Area Trade Schools. 

21-651. Establishment of area trade schools. 

21-652. Location of such schools. 

21-653. Murray Vocational School and 

Parker District High School. 
21-654. Management and control by State 

Board. 



Sec. 
21-655. Personnel and employment condi- 
tions. 
21-656. Equipment; dormitory facilities. 
21-657. Gifts. 
21-658. Advisory councils. 
21-659. Qualifications for enrollment. 

Article 5. 
Business Schools. 

21-671. Not to issue degrees except with ap- 
proval of State Board. 

21-672. Charter not authority for conferring 
degrees. 

21-673. Certain advertising forbidden. 

21-674. When article inapplicable. 

21-675. Rules and regulations of State 
Board. 

21-676. Penalties. 

21-677. Home-study schools. 

Article 6. 
Vocational Training - . 

21-691. State Board of vocational training; 
Federal act accepted. 

21-692. Board to cooperate for educational 
advancement. 

21-693. Vocational training funds. 

21-694. Annual appropriation for vocational 
education. 

21-695. Disbursement of such funds. 

21-696. LTse of such funds. 

21-697. Expenditure of such funds. 

21-698. State aid to schools offering voca- 
tional courses to veterans. 

21-699. Funds to pay teachers. 

Article 7. 
Junior College Courses. 

21-711. When district boards may establish 

and maintain. 
21-712. Same; in cities of five thousand or 

more. 
21-713. Buildings and equipment. 
21-714. Requirements for establishment and 

maintenance. 
21-715. Powers of State Department over 

such colleges. 
21-716. Not to receive State aid. 
21-717. Article inapplicable to Greenville 

County. 



[3 SC Code]— 6 



81 



§21-601 Code of Laws oe South Carolina §21-612 

Article 1. 
Kindergartens. 

§ 21-601. Establishment of kindergartens. 

Any county board of education throughout the State upon recommenda- 
tion of district trustees, whether known by that name or another and whether 
created by general or special act, may establish and provide for kindergartens 
for the education of children of not less than four years of age within their 
respective jurisdictions. But no child under the age of six years shall be 
counted in the average attendance of any public school district when public 
school funds are to be apportioned to the several school districts. 

1942 Code § 5400; 1932 Code § 5407; Civ. C. '22 § 2649; 1913 (28) 195. 

§ 21-602. Part of common school system. 

Such kindergartens, when so established, shall be a part of the free common 
school system of this State and all funds available for the maintenance of 
said system and all other funds which may come into the hands of the boards 
of education for educational purposes shall be available, in due proportion, 
for the establishment and maintenance of such kindergartens. 

1942 Code § 5401; 1932 Code § 5403; Civ. C. '22 § 2650; 1913 (28) 195. 

§ 21-603. Qualifications of teachers. 

No teacher or instructor shall be employed to teach in the kindergartens of 
this State who has not taken at least a two years' course in kindergarten 
training and received a certificate or diploma from a recognized kindergarten 
normal training school approved by the State Board of Education. 

1942 Code § 5402; 1932 Code § 5409; Civ. C. '22 § 2651; 1913 (28) 195. 

§ 21-604. Counties exempted from article. 

The terms of this article shall not apply to the counties of Abbeville, Bamberg, 
Chesterfield, Greenwood, Jasper, Lee, Saluda, Sumter, Williamsburg and York. 

1942 Code § 5403; 1932 Code § 5410; Civ. C. '22 § 2652; 1913 (28) 195; 1937 (40) 46. 

Article 2. 
Schools for Eleemosynary Institutions. 

§ 21-611. Schools for certain eleemosynary institutions. 

Upon application of the directors or managing board of any eleemosynary 
institution in this State, operated without profit as a home for orphans or 
needy children who are admitted thereto, the State Board of Education shall 
establish a grammar or high school or both for the inmates of such institu- 
tion within school age. 

1942 Code § 5477; 1932 Code § 5694; 1931 {Z7) 237, 263. 

§ 21-612. Local board of trustees to control and operate; school building. 

Should any such school be established, the State Board of Education shall 
place it under the direction and control of the board of school trustees of the 

82 [3 SC Code] 



§ 21-613 Education § 21-622 

school district in which the institution is located, and thereupon such board 
of school trustees shall employ teachers and operate the school in a building or 
buildings to be provided free of charge by the eleemosynary institution (such 
building or buildings to be approved by the board of school trustees) in the 
same manner and subject to all the laws, rules and regulations governing the 
conduct and operation of other public schools of the State. 
1942 Code § 5478; 1932 Code § 5695; 1931 (37) 237, 263. 

§ 21-613. Cost of operation ; State Board may discontinue. 

There shall not be expended for all purposes in any one scholastic year for 
any such school more per pupil attending than the average per pupil attending 
the other public schools in the State during the preceding year. The local 
school district shall not be required to contribute any school facilities to any 
such institution, and the State Board of Education may discontinue any such 
school at any time that in its judgment it is advisable to do so. 

1942 Code § £479; 1932 Code § 5696; 1931 (i7) 237, 263. 

Cross reference. — As to repeal of 6-0-1 
Law, see 1933 Acts [1933 (38) 567]. 

Article 3. 

High Schools. 

§ 21-621. Establishment and maintenance. 

The board of trustees of any school district, acting singly or in cooperation 

with the boards of trustees of adjoining school districts, may establish and 

maintain a high school, with the privileges herein granted ; provided that such 

high school meets all the requirements of this article and the regulations of 

the State Board of Education. 

1942 Code § 5404; 1932 Code § 5598; Civ. C. '22 § 2716; Civ. C. '12 § 1825; 1907 (25) 
518; 1908 (25) 1119; 1909 (26) 86; 1910 (26) 743; 1916 (29) 875; 1919 (31) 248. 

High school district cannot be created Necessity of new petition. — Under this 
against will of trustees. — Under this and and following sections, where, after the 
the following sections, a high school dis- presentation of a petition for the formation 
trict cannot be created against the will of of a high school district from territory em- 
trustees of the common school district to braced in five common school districts, it 
be embraced therein. Watson v. Spartan- is ascertained that less than one third of the 
burg County Board of Education, 141 S. C. electors of one of the districts signed the 
347, 139 S. E. 775 (1927). petition, the high school district may be 

Neither the State Board of Education formed anyway from the remaining four 

nor a county board of education has au- districts, without a new petition. Hilde- 

thority, under this section, to establish a brand v. High School Dist., 138 S. C. 445, 

high school for two districts without the 136 S. E. 757 (1927). 

consent of the boards of trustees of the Applied in Walpole v. Wall, 153 S. C. 

two districts. Mills v. State Board of Edu- 106, 149 S. E. 760 (1929); Arnette v. Ford, 

cation, 167 S. C. 429, 166 S. E. 500 (1932). 129 S. C. 526, 125 S. E. 138 (1924). 

§ 21-622. Board of trustees of high schools. 

Except as otherwise expressly provided, if a single school district establish 
a high school, the board of trustees of such district shall be the high school 
board of trustees; and if any two or more districts establish a high school, 

83 



§ 21-623 Code of Laws of South Carolina § 21-625 

the board of trustees of the district wherein the high school is located, to- 
gether with the chairman of each of the cooperating districts, shall constitute 
the high school board of trustees. And except as otherwise expressly pro- 
vided, if three or more adjoining school districts, none of which contains an 
incorporated town of twenty-five hundred inhabitants according to the last 
preceding census, shall cooperate to establish a centralized high school, the 
chairmen of the several cooperating districts shall constitute the board of 
trustees for the centralized high school. 

1942 Code §§ 5405, 5406; 1932 Code §§ 5599, 5600; Civ. C. '22 §5 2717, 2718; Civ. C. '12 
§ 1831; 1907 (25) 520; 1916 (29) 875; 1919 (31) 248; 1923 (33) 92; 1949 (46) 461. 

Constitutionality. — This section as it for- The membership of the board of trustees 

merly stood (prior to the 1949 amendment) of the Williston-Elko high school district 

was held constitutional in Arnette v. Ford, is governed by this section. Craig v. Bell, 

129 S. C. 526, 125 S. E. 138 (1924). 211 S. C. 473, 46 S. E. (2d) 52 (1948). 

§ 21-623. High schools previously established may claim privileges of article. 

Any public high school established prior to February 19 1907 may claim the 

privileges of this article; provided that it conforms to the requirements of 

this article and the regulations of the State Board of Education. But nothing 

in this article shall be construed to repeal any of the privileges granted 

special school districts in the special acts of the General Assembly. 

1942 Code § 5407; 1932 Code § 5601; Civ. C. '22 § 2719; Civ. C. '12 § 1828; 1907 (25) 
520; 1916 (29) 875; 1919 (31) 248. 

§ 21-624. Certain high school districts created bodies corporate. 

When, pursuant to or under color of authority of any general act, any 
special act or any act making a special provision in or about the subject 
matter of a general act, a high school shall have been established by the 
boards of trustees of two or more adjoining school districts located in the 
same county or adjoining counties in this State, or when the boards of 
trustees of two or more such school districts, by the adoption of resolutions, 
authorization of contracts for erection or in any other way jointly or as sep- 
arate boards of trustees, shall have evidenced an intention to establish a high 
school district, a body corporate shall be and hereby is created and shall be 
deemed to have been created at and from the time of the first joint or separate 
action in any such case and for such purpose by two or more boards of trustees 
of school districts. 

1942 Code § 5409; 1932 Code § 5607; Civ. C. '22 § 2725; 1921 (32) 45; 1923 (33) 181. 

Irregularities in the formation of high porate capacity of such districts under this 
school districts and the failure to comply section. Hildebrand v. High School Dist., 
precisely with the law do not affect the cor- 138 S. C. 445, 136 S. E. 757 (1927). 

§21-625. Area of such districts. 

Such high school district shall be coterminous with and equal in area to the 
two or more school districts by action of whose boards of trustees it shall be 
created, but shall not in any way terminate the continued corporate exist- 
ence of such school districts as separate entities. 

1942 Code § 5410; 1932 Code § 5608; Civ. C. '22 § 2726; 1921 (32) 45. 

84 



§ 21-626 Education § 21-620 

§ 21-626. Blank. 

§ 21-627. Boards of trustees of such districts. 

The governing body of each such district shall be a board known as a high 
school board of trustees, which shall be constituted, when the boards of trus- 
tees of two or more school districts shall have acted in establishing or evi- 
dencing an intention to establish a high school pursuant to or under color 
of authority of any special act or any act making a special provision in or 
about the subject matter of a general act, in the manner provided in such act 
and in any other case in the manner provided in § 21-621. 

1942 Code § 5411; 1932 Code § S609; Civ. C. "22 § 2727; 1921 (31) 45. 

§ 21-628. Corporate name of such district ; clerk. 

The corporate name of each such high school district shall be such as shall 
be adopted by resolution of the high school board of trustees. The high school 
board of trustees may likewise adopt a corporate seal and may elect from 
time to time one of their number as clerk to hold office during his term of 
office as trustee or for a shorter period if the board shall so determine. 

1942 Code § 5412; 1932 Code § 5610; Civ. C. '22 § 2728; 1921 {32) 45. 

§ 21-629. General privileges; regulation by State Board. 

All such districts shall have the privileges and benefits provided by this 
article and shall be subject to the regulations of the State Board of Education 
as therein provided. 

1942 Code § 5413; 1932 Code § 5612; Civ. C. '22 § 2730; 1921 (32) 45. 

§ 21-629.1. Powers of trustees ; sale, etc., of property. 

Such high school boards of trustees shall have all of the rights, powers and 
privileges conferred by law upon the trustees of common school districts and 
may manage, lease, dispose of, sell, deliver or convey the property of the dis- 
trict upon such terms and conditions as the board shall deem proper and, 
when authorized by the boards of trustees of a majority of the cooperating 
districts, may discontinue the operation of such high school. But such right 
to manage, lease, dispose of, sell, deliver or convey the property of the district 
or discontinue the operation of the high school shall be subject to the ap- 
proval of the county board of education. 

1951 (47) 429. 

§21-630. When accredited high schools to issue uniform diplomas; units re- 
quired. 

Diplomas issued to graduates of accredited high schools within this State 
shall be uniform in every respect and particular as to color, size, lettering and 
marking, whether the accredited high school operates for eight months or nine 
months during the scholastic session, if the high school operating for only 
eight months runs nine hundred school hours in not less than one hundred 
and sixty school days and the pupils complete sixteen units. The number of 

85 



§ 21-631 Code of Laws of South Carolina § 21-632 

units required by the State Board of Education for a state high school diploma 
shall not be increased. 

1942 Code § 5415; 1933 (38) 164. 

§ 21-631. Report of colleges, etc., concerning high school graduates. 

Every university, college, junior college or other institution of higher learn- 
ing in the State, whether private, denominational or state owned, shall, through 
its dean, registrar, or other authoritative official, submit to the office of the 
State Superintendent of Education in such form as he may prescribe, on or 
before July 1st of each calendar year, the following data : 

(1) A breakdown showing the number of high school graduates from each 
and every high school in the State attending the freshman class of such 
college or other institution of higher learning; 

(2) A breakdown from each college or institution of higher learning to 
show the number of high school graduates for the school year ending prior 
to July 1st and the number coming from each such high school who passed 
all required and optional courses for the freshman year ; 

(3) A breakdown showing all freshman students holding high school 
diplomas from high schools of the State and enrolled in each such institution, 
as outlined above, who failed for any term or semester or for the whole year 
in any required or optional course, together with a grouping of these by 
subjects according to the individual high school from which they came, no 
name of any student to be disclosed ; and 

(4) The total number of freshman enrolled and coming from all high schools 
in the State failing to pass the freshman year or any part thereof wholly or 
in major part due to scholastic failure and released from such institutions at 
their own or the institution's request because of such failure. 

1947 (451 317. 

§ 21-632. Tabulation of information by State Superintendent. 

After such data has been received the State Superintendent of Education 
shall cause it to be tabulated so as to show the outlined information for each 
higher institution of learning with respect to the graduates of each high school 
of the State, along with a table for each such higher institution of learning 
showing the totals with respect to all such high school graduates attending 
the freshman class from all such high schools, along with a grand total as 
above set out for all such requested data and put together from all the reports 
submitted from all such reporting institutions, so as to give an accurate picture 
of the scholastic accomplishments, by races, as well as the scholastic short- 
comings of all freshmen coming from all high schools of the State. When such 
tables shall have been prepared, they shall be included in the annual report of 
the State Superintendent of Education as presented to the General Assembly. 
The State Superintendent of Education shall also acquaint the proper official or 
officials of the several institutions with the requirements of § 21-631. 

1947 (45) 317. 



86 



§ 21-633 Education § 21-655 

§ 21-633. State Board of Education to make regulations; high school inspector. 
The State Board of Education may prescribe all such regulations as may 
not be inconsistent with this article and with the general school law to 
provide for the inspection and classification of the high schools, to make regu- 
lations for the apportionment and disbursement of the State appropriation 
under this article and to pay out of the state appropriation the salary and 
traveling expenses of a high school inspector. 

1942 Code § 5408; 1932 Code § 5602; Civ. C. '22 § 2720; Civ. C. '12 § 1831; 1907 (25) 
520; 1916 (29) 875; 1919 (31) 248. 

Article 4. 
Area Trade Schools. 

§ 21-651. Establishment of area trade schools. 

The State Board of Education shall establish, operate and maintain a pro- 
gram of area trade schools of less than college grade for the purpose of train- 
ing men and women in trade and industrial occupations. 

1947 (45) 229. 

§21-652. Location of such schools. 

The State Board of Education shall designate the location for each area 
trade school and determine the order in which they shall be established. Each 
school shall be located in a different section of the State and so situated that 
each part of the State is within reasonable access of one of the schools. In 
determining the location of each school due consideration shall be given to 
population and occupations of the geographic area and transportation facilities. 

1947 (45) 229. 

§ 21-653. Murray Vocational School and Parker District High School. 

The State Board of Education ma}', at its discretion, designate the Murray 
Vocational School in Charleston County and the Parker District High School 
in Greenville County as area trade schools with the approval of their respective 
boards of trustees. Enrollment in either such school, if so designated, shall 
be open to pupils from one or more counties. High school graduation and the 
age limitations set forth in § 21-659 may be waived as to either such school 
by the State Board of Education. Financial aid to either such school shall be 
limited to salaries of additional personnel, supplies and equipment required. 

1948 (45) 2084; 1951 (47) 306. 

§ 21-654. Management and control by State Board. 

The authority to manage and control area trade and industrial schools is 
hereby vested in the State Board of Education. 

1947 (45) 229. 

§ 21-655. Personnel and employment conditions. 

In order that maximum benefits to the State may be derived from available 
federal funds the appointment of personnel and conditions under which they 

S7 



§ 21-656 Code of Laws of South Carolina § 21-672 

are employed shall conform to the standards set up in the South Carolina State 
Plan for Trade and Industrial Education. 
1947 (45) 229. 

§ 21-656. Equipment; dormitory facilities. 

The State Board of Education may procure and operate whatever physical 
facilities and equipment may be necessary to provide work experiences on a 
useful and productive basis and may establish and operate adequate dormitory 
facilities for living accommodations of the students. 

1947 (45) 229. 

§21-657. Gifts. 

The State Board of Education may accept gifts, donations, equipment, be- 
quests of .money and real and personal property for the purposes of this 
article. 

1947 (45) 229. 

§21-658. Advisory councils. 

There shall be an advisory council for each trade school consisting of the 
superintendent of the school and four members appointed by the Governor 
to serve at the pleasure of the State Board of Education. In the selection of 
the personnel of this council due consideration shall be given to the interests 
of employers, employees and business in the area served by the school. The 
superintendent of each school shall serve as chairman of the council and shall 
vote only in case of a tie. The council, under the supervision of the State 
Board of Education, shall promote interest in the school and cooperate with 
the State Board of Education and other agencies in developing the area trade 
school program. 

1947 (45) 229. 

§ 21-659. Qualifications for enrollment. 

The enrollment shall be limited to persons who have graduated from high 
school or who are seventeen years of age or older and can profit by the in- 
struction. 

1947 (45) 229. 

Article 5. 

Business Schools. 

§ 21-671. Not to issue degrees except with approval of State Board. 

It shall be illegal for any person engaged in the business of operating a 
business college, university or similar school to issue degrees of any kind, 
except upon the approval of the State Board of Education. 

1942 Code § 5397; 1932 Code § 5291; 1924 (33) 1132. 

§ 21-672. Charter not authority for conferring degrees. 

The charter or license of any business college, university or similar school 
shall not grant the authority to confer degrees. 

1942 Code § 5397; 1932 Code § 5291; 1924 (33) 1132. 

88 



§21-673 Education §21-691 

§ 21-673. Certain advertising forbidden. 

Advertising through the mails, newspapers or otherwise offering to confer 
any degree the granting of which has not been approved by the State Board 
of Education shall constitute a violation of the provisions of this article. 

1942 Code § 5397; 1932 Code § 5291; 1924 (.33) 1132. 

§ 21-674. When article inapplicable. 

The provisions of this article shall not apply to any state or denominational 
college or university which gives special courses in commercial education. 

1942 Code § 5397; 1932 Code § 5291; 1924 (33) 1132. 

§ 21-675. Rules and regulations of State Board. 

The State Board of Education shall issue rules and regulations pertinent 
to the enforcement of this article, and such rules and regulations shall have 
the full force and effect of law. 

1942 Code § 5397; 1932 Code § 5291; 1924 (33) 1132. 

§ 21-676. Penalties. 

Any person violating the provisions of this article shall be guilty of a mis- 
demeanor and, upon conviction, shall be subject to a fine of not less than 
one thousand dollars, nor more than five thousand dollars, in the discretion of 
the court. 

1942 Code § 5397; 1932 Code § 5291; 1924 (33) 1132. 

§ 21-677. Home-study schools. 

No type of home-study school shall be established or permitted to operate 
in this State without first securing the approval of the State Board of Educa- 
tion. Any person violating the provisions of this section shall be guilty of a 
misdemeanor punishable by a fine of not less than one thousand dollars nor 
more than five thousand dollars, in the discretion of the court. 

1942 Code § 5397; 1932 Code § 5291; 1924 (33) 1132. 

Article 6. 
Vocational Training. 

§ 21-691. State Board of vocational training ; Federal act accepted. 

The State of South Carolina hereby accepts the provisions of an Act of 
Congress entitled : "To Provide for the Promotion of Vocational Education ; 
to Provide for Cooperation with the States in the Promotion of Such Educa- 
tion in Agriculture and the Trades and Industries; to Provide for Coopera- 
tion with the States in the Preparation of Teachers of Vocational Subjects; 
and to Appropriate Money and Regulate Its Expenditure," and hereby desig- 
nates and constitutes the State Board of Education as the South Carolina 
State board of vocational training to cooperate with the United States Gov- 
ernment in putting such law into operation. 

1942 Code § 5394; 1932 Code § 5283; Civ. C. '22 § 2543; 1917 (30) 42. 

89 



§ 21-692 Code of Laws of South Carolina § 21-696 

§ 21-692. Board to cooperate for educational advancement. 

The State Board of vocational training- may cooperate with any local or 
state agency for the advancement of agricultural and industrial education. 

1942 Code § S39S; 1932 Code § S284; Civ. C. '22 § 2544; 1917 (30) 42. 

§ 21-693. Vocational training funds. 

The State Treasurer is hereby created and appointed custodian of all funds 
coming to the State from the United States under the provisions of the act 
referred to in § 21-691 and shall be responsible on his bond for the correct and 
proper handling of such funds. All moneys appropriated by the State or paid 
into the State Treasury from the United States for the purpose set forth in 
this article shall be paid out upon the order of the State Board of Education, 
duly countersigned and approved by the secretary of the Board, and item- 
ized vouchers shall be filed with the Comptroller General as in the case of 
other funds. 

1942 Code § 5396; 1932 Code § 5285; Civ. C. '22 § 2545; 1917 (30) 42. 

Cited in Varn v. Beattie, 171 S. C. 424, 
172 S. E. 442 (1934). 

§ 21-694. Annual appropriation for vocational education. 

There shall be appropriated annually, out of the State Treasury, for the 
promotion of vocational education in agricultural subjects, industrial subjects 
and home economic subjects, a sum not less than the amount which may be 
apportioned to the State from the funds appropriated by the Congress of the 
United States in an act entitled "An Act to Provide for the Promotion of Vo- 
cational Education ; to Provide for Cooperation with the States in the Promo- 
tion of such Education in Agriculture and the Trades and Industries; to 
Provide for Cooperation with the States in the Preparation of Teachers of 
Vocational Subjects ; and to Appropriate Money and Regulate its Expendi- 
ture," approved February 23 1917. 

1942 Code § 5431; 1932 Code §§ 5617 to 5620; Civ. C. '22 §§ 2735 to 2738; 1919 (31) 49. 

§ 21-695. Disbursement of such funds. 

Moneys appropriated under the terms of this article shall be paid out upon 
the order of the State Board of Education, duly countersigned and approved 
by the secretary of the State Board of Education, and itemized vouchers shall 
be filed with Comptroller General as in the case of other funds. 

1942 Code § 5431; 1932 Code §§ 5617 to 5620; Civ. C. '22 §§ 2735 to 2738; 1919 (31) 49. 

§21-696. Use of such funds. 

The State Board of Education may use the funds appropriated by this 
article for the payment of the salaries of teachers, supervisors or directors 
of vocational subjects, for the purchase of supplies and equipment to be used 
by vocational classes, for the maintenance of classes for training teachers 
of vocational subjects or for the administration of vocational education, in- 
cluding necessary supervision and clerical help. 

1942 Code § 5431; 1932 Code §§ 5617 to 5620; Civ. C. '22 §§ 2735-2738; 1919 (31) 49. 

90 



§21-697 Education §21-712 

§ 21-697. Expenditure of such funds. 

The State Board of Education shall adopt rules and regulations governing 
the expenditures of moneys appropriated by this article and shall make the 
same known to the various school districts of the State, in order that they may 
know the conditions under which they are entitled to share in the funds 
available for vocational education. 

1942 Code § 5431; 1932 Code §§ 5617 to 5620; Civ.C. '22 §§ 2735 to 2738; 1919 (31) 49. 

§ 21-698. State aid to schools offering vocational courses to veterans. 

In all free public schools of this state offering special full time courses of 
instruction in education or vocational training to honorably discharged vet- 
erans pursuant to the provisions of Title II, Chapter IV, Public Law 346, 78th 
Congress, Approved June 22 1944 the teachers of such courses may qualify 
for state aid for salaries of such teachers on the following basis : an enroll- 
ment of fifteen and an average attendance of ten shall be necessary for each 
teacher. But when less than fifteen are enrolled the teacher may qualify 
for state aid in the proportion that the enrollment and average attendance 
bear to the enrollment and average attendance required for the full salary 
of a teacher. The enrollment and average attendance of such special courses 
shall not be counted as a part of the enrollment and average attendance of the 
regular public school program, or vice versa, 

1945 (44) 303. 

§21-699. Funds to pay teachers. 

The funds required for teachers or instructors of such courses shall be paid 
from Federal funds or funds secured under provisions of Public Law 346, 78th 
Congress, approved June 22 1944 and amendments thereto. 

1945 (44) 303. 

Article 7. 
Junior College Courses. 

§ 21-711. When district boards may establish and maintain. 

The school board of any independent or special school district, when 
authorized by a three-fourths vote of the district so to do, may establish and 
maintain a department of junior college work to consist of not more than two 
years' work beyond a four-year high school course. 

1942 Code § 5416; 1935 (39) 490. 

§ 21-712. Same; in cities of five thousand or more. 

In any school district in this State whose limits are coextensive with the 
limits of any city of five thousand inhabitants or more the school board, when 
authorized to do so by the majority vote of the electors of any such school 
district voting on the proposition, may establish, maintain or discontinue a 
junior college to consist of not more than two years' of college work beyond 
a four-year high school course and may charge such tuition fees for instruc- 
tion in such junior college as shall be fixed by any such school board. 

1942 Code § 5419; 1935 (39) 490. 

91 



§21-713 Code of Laws of South Carolina §21-714 

§21-713. Buildings and equipment. 

Any such school board may make use of any existing school building or 
school equipment or may provide any necessary building or equipment for 
the establishment and maintenance of any such junior college. 

1942 Code § 5420; 1935 (39) 490. 

§ 21-714. Requirements for establishment and maintenance. 

In the establishment and maintenance of such junior college courses, the 
following provisions shall be observed : 

(1) Application on the part of any school to be classified as a junior college 
shall be made by the school board to the State Department of Education not 
later than July 1st, of the first year for which a school seeks such classification 
and shall be accompanied by the curricula to be maintained ; 

(2) Each applicant shall be visited by a representative of the State De- 
partment of Education who shall make a report to the State Board of Educa- 
tion as a basis for its action upon the application at the next regular meeting; 

(3) Each applicant will be notified promptly as to the action taken by the 
State Board; 

(4) A junior college shall be a public school providing one or more two- 
year courses beyond the eleventh year of the public school course and it shall 
be located in a school district which maintains an accredited high school and 
employs a junior college dean and at least the equivalent of two junior college 
teachers who, together with the superintendent, shall constitute the faculty 
of the junior college; 

(5) A junior college shall be maintained only when the district assessed 
valuation exceeds one million dollars; 

(6) The superintendent of the college shall administer and exercise general 
supervision over the junior college and shall make such reports as the State 
Superintendent of Education ma}' require; 

(7) The superintendent of the college shall examine the certification of all 
persons under consideration as teachers in the junior college and recommend 
for employment only such persons as are found to be fully qualified in accord- 
ance with the standards established by the State Board of Education and he 
shall also keep a record of such certification and, on or before October 1st 
of each year, shall transmit a copy of this record to the State Department of 
Education; 

(8) The building space available for this use shall be modern, adequate and 
well adapted to the needs of the work to be undertaken; 

(9) There shall be provided a general and reference library, well chosen 
and adequate for the course offered and for the enrollment in the junior col- 
lege; 

(10) Suitable laboratory space and equipment shall be provided for such 
advanced work in the natural sciences as is included in the courses offered; 

(11) The county superintendent shall prescribe the duties of the dean and 
such duties may be made to include instruction, organization, classification, 
discipline and management of the junior college; 

92 



§21-715 Education §21-717 

(12) The junior college year shall consist of at least nine months, or thirty- 
six weeks ; 

(13) Students shall be limited to the two following classes: (a) regular 
students, who have completed, in a satisfactory manner, a full high school 
course or its equivalent and (b) special students, who wish to pursue special 
courses of college rank and who are deemed by the local authority fully 
qualified to do so; 

(14) No school board shall, under any conditions, issue to any person a 
certificate or diploma showing the completion of a junior college course ex- 
cept upon recommendation of the county superintendent, and a two-year cer- 
tificate or diploma shall be recommended only upon the completion in a 
creditable manner of at least sixty semester hours, or its equivalent, in a course 
approved by the State Department of Education ; 

(15) The minimum length of a recitation period shall be fifty minutes; and 

(16) The dean and instructors in a junior college shall have the following 
qualifications: (a) scholastic training, at least an A. B. or B. S. degree, or its 
equivalent, from a college recognized as fully entitled to confer such degree 
and (b) professional training, at least eighteen semester hours in education. 
These qualification standards are not to be interpreted as retroactive in their 
application to present instructors in any school district maintaining a junior 
college prior to May 20 1935. 

1942 Code § 5420; 1935 (39) 490. 

§ 21-715. Powers of State Department over such colleges. 

The State Department of Education shall have the same supervision, con- 
trol and powers over any such junior college, when established hereunder, 
as it now has over other departments of the public school system of this State. 

1942 Code § 5420; 1935 (39) 490. 

§21-716. Not to receive State aid. 

No State aid for public schools shall be allocated to any junior college estab- 
lished hereunder. 

1942 Code § 5422; 1935 (39) 490. 

§ 21-717. Article inapplicable to Greenville County. 

The provisions of this article shall not apply to Greenville County or to any 
school district therein. 

1942 Code § 5420; 1935 (39) 490. 



93 



Code of Laws of South Carolina 





CHAPTER 14. 




Pupils. 


Article 1. 


Sec. 


General Provisions. 


21-793. 
21-794. 



Sec. 

21-751. Mixed schools unlawful. 

21-752. Age of attendance. 

21-753. Annual physical examination of 
pupils. 

21-754. Results of inspection confidential. 

21-755. Penalties for not permitting exami- 
nation. 

Article 2. 
Regular School Attendance Law. 

21-761. Short title. 

21-762. Children exempted from article. 

21-763. Census of children not enrolled in 
school. 

21-764. Appropriation for school attendance 
teachers; distribution and use. 

21-765. Election of school attendance teach- 
ers. 

21-766. Same; special provision for Ander- 
son County. 

21-767. No limitation on number of at- 
tendance teachers. 

21-768. Qualifications of school attendance 
teachers. 

21-769. Attendance teachers to cooperate 
with agencies and trustees. 

21-770. Duties as to nonattending children 
and absentees; reports of absen- 
tees. 

21-771. Additional duties of school attend- 
ance teacher. 

21-772. Duties in Anderson County. 

21-773. Lists of pupils for attendance teach- 
ers in Anderson County. 

21-774. Penalty for filing false list in An- 
derson County. 

21-775. Children unable to procure books or 
wearing apparel. 

21-776. Providing nonattending children 
with cash, wearing apparel, books, 
etc. 

21-777. Parents failing to compel attend- 
ance; penalty and exceptions. 
21-778. Duties of children, parents, etc. 
21-779. Board of inquiry; appeal. 

Article 3. 

Transportation of Pupils and 
School Busses Generally. 

21-791. Definition of "school bus". 
21-792. Regulations of State Board. 



Blank. 

Painting and markings of school 

busses. 
21-795. Identification marks removed from 

former school busses. 
21-796. Requirement of dual wheels. 
21-797. Windshield wiper, brakes, lights and 

rear view mirrors. 
21-798. Gasoline tanks of school busses. 
21-799. Seating space, aisle, seats; location 

of pupils. 
21-800. Front entrance-exit; emergency 

exit. 

21-801 to 21-805. Blank. 

21-806. Routes for locally owned busses. 

21-807. Qualifications of bus driver. 

21-808. Blank. 

21-809. Drivers must be of same race as 
children. 

21-810. School board members and relatives 
not to drive school busses. 

21 -SI 1. Driver to supervise bus while oper- 
ating. 

21-812. Driver not to leave while engine 
running. 

21-813. Complete stop to receive or dis- 
charge passenger required. 

21-814. Filling gasoline tank. 

21-815. Driver to stop before crossing rail- 
road track. 

21-S16. Other duties and disciplinary pow- 
ers of driver. 

21-817. Copies of §21-816 to be posted in 
busses. 

21-818. Blank. 

21-819. Inspection of busses. 

21-820. Penalties. 

Article 3.1. 

Transportation by State or State Aid 
for Transportation. 

21-833. Control by Commission. 

21-S34. Extent of transportation to be pro- 
vided. 

21-835. Purchase of equipment already in 
use or on order. 

21-S36. How purchases made; equipment 
not to be purchased. 

21-837. Existing contracts assumed. 

21-838. County boards may make trans- 
portation contracts and receive 
State aid. 

21-839. Bus drivers; selection, eligibility, 
training, etc. 

21-S39.1. Maximum pay of drivers. 



94 



§21-751 



Education 



§21-752 



Sec. 
21-839.2. Commission approval required for 
routes served by State-owned 

equipment. 
21-839.3. Routes of busses owned by local 

agencies. 
21-S39.4. Use of transportation equipment 

for special events, etc. 
21-839.5. Expenses of operation of State and 

locally owned busses. 
21-839.6. Highway Department to furnish 

supplies and maintenance. 
21-839.7. Rules and regulations. 

Article 4. 
Enrollment and Transfer of Pupils. 

21-841. Enrollment of pupils. 

21-842. Effect of transfer on enrollment 
lists. 

21-843. State Board to publicize certain pro- 
visions. 

21-844. Penalty for violating certain provi- 
sions. 

21-845. No child counted in enrollment 
more than once. 

21-846. Annual report of enrollment, etc. 

21-847. Transfer of pupils from one county 
to another. 

21-84S. Section 21-847 inapplicable to Rich- 
land and Georgetown Counties. 

21-849. Transfer to adjoining district. 

21-850. Transfer without consent of district 
of residence. 

21-851. County board of education may or- 
der transfer. 



Sec. 

21-852. When payment of tuition, etc., may 
not be required. 

21-852.1. Same; exception for Marion 
County. 

21-853. Credit on tuition for taxes paid. 

21-854. Same; exceptions for Spartanburg 
County. 

21-S55. Same; Sumter County. 

21-856. Certain sections inapplicable in cer- 
tain counties. 

21-857. Special provision for Anderson 
County. 



Article 5. 
School Lunches. 

21-861. School lunch division in State 

Board. 
21-862. County school lunch supervisors. 
21-863. Employment and discharge of 

county supervisors. 
21-864. Duties of county supervisors. 
21-865. Compensation of supervisors and 

expenses. 
21-866. State's school lunch policy. 
21-867. When State Budget and Control 

Board to provide funds. 

Article 6. 
Fire Drills. 

21-871. Fire drills required at least monthly; 

penalty. 
21-872. Certificate of compliance; collection 

of penalty. 
21-873. Copies of law to be exhibited. 



Article 1. 

General Provisions. 

§ 21-751. Mixed schools unlawful. 

It shall be unlawful for pupils of one race to attend the schools provided 

by the boards of trustees for persons of another race. 

1942 Code § 5377; 1932 Code § 5406; Civ. C. '22 § 2648; Civ. C. '12 § 1780; Civ. C. '02 
§ 1231; 1896 (22) 170. 



Quoted in Tucker v. Blease, 97 S. C. 303, 
81 S. E. 668 (1914); Wrighten v. Board of 
Trustees, 72 F. Supp. 948 (1947). 



Stated in Flood v. News, etc., Co., 71 S. 
C. 112, 50 S. E. 637 (1905). 



§ 21-752. Age of attendance. 

It shall not be lawful for any person who is less than six or more than 
twenty-one years of age to attend any of the free public schools of this 
State, except that: 

(1) Persons over twenty-one years of age may attend night schools; 

(2) When a pupil is in the graduating class and becomes twenty-one years 

95 



§ 21-753 Code of Laws of South Carolina § 21-755 

of age before graduation, he shall be permitted to complete the term if other- 
wise qualified to do so; and 

(3) The restrictions in this section may be waived by the local board of 
school trustees in any proper case. 

1942 Code § 5375; 1932 Code § 5404; Civ. C. '22 § 2646; Civ. C. '12 § 1773; Civ. C. '02 
§ 1229; 1896 (22) 170; 1917 (30) 51; 1935 (39) 427; 1945 (44) 188. 

§ 21-753. Annual physical examination of pupils. 

The board of trustees of every school district of this State shall arrange for 
and require annually a medical and dental inspection of all pupils attending the 
public schools of the district during the first three months of attendance to 
ascertain the presence of any contagious or infectious disease or any disease 
or defect of the eye, ear, nose, mouth, throat, lungs or skin detrimental to the 
welfare of any child affected therewith. An inspection by any licensed phy- 
sician and dentist or by any competent health officer or trained nurse ap- 
proved by the State Board of Health and a report made by them in standard 
form adopted by such board, giving the result of their inspection, shall be 
deemed a sufficient inspection, and no further inspection shall be required of 
any child so inspected. Not over ten cents per child shall be charged for 
each dental or medical inspection, such charges to be paid out of the school 
funds of the respective school districts. 

1942 Code § 5358; 1932 Code §§ 5384, 5396; Civ. C. '22 §§ 2616, 2630; Civ. C. '12 §§ 1753, 
1761; Civ. C. '02 §§ 1211, 1218; Cr. C. '22 § 452; 1896 (22) 165; 1920 (31) 1046; 1923 (.33) 
180; 1937 (40) 75. 

Cross references. — As to duties and pow- fecting schools and teachers, see §§ 32-691 
ers of school trustees generally, see §§ 21- to 32-696. 
221 to 21-242. As to health provisions af- 

§ 21-754. Results of inspection confidential. 

The results of the inspection of any child shall not be made public, but 
shall be considered confidential by the school authorities of the district, ex- 
cept that the same may be communciated to the parents or any person in 
charge of such child, for their information, and any case of any infectious or 
contagious disease shall be promptly reported to the proper board of health. 

1942 Code § 5358; 1932 Code §§ 5384, 5396; Civ. C. '22 §§ 2616, 2630; Civ. C. '12 §§ 1753, 
1761; Civ. C. '02 §§ 1211, 1218; Cr. C. '22 § 452; 1896 (22) 165; 1920 (31) 1046; 1923 (33) 
180; 1937 (40) 75. 

§ 21-755. Penalties for not permitting examination. 

Any parent of a child refusing to allow the medical and dental inspection. 
as provided for in § 21-753, shall be subject to a fine of five dollars or ten days 
in jail for each offense. 

1942 Code § 5358; 1932 Code §§ 5384, 5596; Civ. C. '22 §§ 2616, 2630; Civ. C. '12 §§ 1753, 
1761; Civ. C. '02 §§ 1211, 1218; Cr. C. '22 § 452; 1896 (22) 165; 1920 (31) 1046; 1923 (33) 
180; 1937 (40) 75. 



96 



§ 21-761 Education § 21-765 

Article 2. 

Regular School Attendance Law. 

§21-761. Short title. 
This article shall be known as the "Regular School Attendance Law." 
1942 Code § 5466; 1937 (40) 556. 

§ 21-762. Children exempted from article. 

This article shall not apply to nonattending school children who are not 
subject to the provisions of chapter 5 of Title 40, nor shall it apply to children 
who shall have completed the tenth grade in a state accredited high school. 

1942 Code § 5472; 1937 (40) 556. 

§ 21-763. Census of children not enrolled in school. 

Within thirty days after the opening date of each public school district in 
the State in each year the trustees or other governing board thereof shall make 
or cause to be made a complete census of all children of school age therein, 
that is, between the years of seven and sixteen years, inclusive, who 
had not enrolled in such school district or in some other district during said 
thirty day enrollment period, and the names, ages, places of residence and 
names of the parents or guardians of such children of school age not en- 
rolled shall be forthwith filed with the county superintendent of education, 
who shall thereupon consolidate all of such names of children in alphabetical 
order into one list and certify the same to the attendance teacher of the county. 

1942 Code § 5470; 1937 (40) 556. 

§21-764. Appropriation for school attendance teachers; distribution and use. 

There shall be appropriated annually the sum of seventy-six thousand 
eight hundred dollars which shall be distributed among the several counties 
in this State as follows : to each county, the sum of one thousand four hun- 
dred dollars and an additional one hundred dollars for each member of the 
House of Representatives such county has in the General Assembly. The 
amounts distributed to each county, as provided above, shall be for the salary 
and expenses of the regular school attendance teacher of such county and 
shall be the state's part or portion of the regular school attendance program. 
No one such teacher shall receive for salary and expenses a greater amount 
than fifteen hundred dollars per annum. Any sum accruing to any county 
in excess of the salary and expenses of such attendance teacher therein may 
be used by the county board of education for one or more assistant attendance 
teachers, for traveling expenses of such assistant attendance teachers, for 
clerical or stenographic help or for any work pertinent or relative to the matter 
of regular school attendance. 

1942 Code § 5467; 1937 (40) 556. 

§ 21-765. Election of school attendance teachers. 

The school attendance teachers in the several counties of the State, to be 
charged with the school attendance work therein, shall, on or before July 1st 
[3 SC Code]— 7 97 



§21-766 Code of Laws of South Carolina §21-770 

of each year or as soon thereafter as practicable, be elected by the county 
boards of education of the respective counties of the State whose terms of 
office run concurrently with or extend beyond the period of employment of 
such teachers. 

1942 Code § 546S; 1937 (40) 556. 

§ 21-766. Same ; special provision for Anderson County. 

In Anderson County the county board of education shall, upon the recom- 
mendation of the county superintendent of education, elect one attendance 
teacher for each five thousand pupils enrolled, or a major fractional part 
thereof. 

1950 (46) 2131. 

§ 21-767. No limitation on number of attendance teachers. 

Nothing in this article (other than in § 21-766) shall limit the number of 
attendance teachers that a county or a school district may employ at its own 
expense. 

1942 Code § 5468; 1937 (40) 556. 

§ 21-768. Qualifications of school attendance teachers. 

The school attendance teacher shall possess the qualities essential to a 
proper approach to children and their parents or guardians and shall hold a 
bachelor's degree from an accredited college or university and a first-grade 
certificate issued by the State Department of Education or shall have had two 
years successful teaching experience and hold a first-grade certificate as afore- 
said. But any person who served as county superintendent of education in this 
State within four years preceding May 15 1937 shall be qualified for appoint- 
ment as attendance teacher. No person shall be employed as school attend- 
ance teacher or remain employed in any county in this State unless he shall 
within thirty days after such employment, and annually therafter, present to 
the county superintendent of education for the county in which such attend- 
ance teacher is employed a health certificate from a reputable practicing phy- 
sician certifying that he has no contagious or communicable disease. The 
county superintendent of education shall file such certificate in his office. 

1942 Code § 5474; 1937 (40) 556. 

§ 21-769. Attendance teachers to cooperate with agencies and trustees. 

The county attendance teacher whose salary shall be paid from state funds 
and such other attendance teachers as may be employed by the county or 
school districts therein shall cooperate with the social and civil organizations 
and agencies of the county or district, as well as with the trustees of the 
several school districts in the county. 

1942 Code § 5469; 1937 (40) 556. 

§21-770. Duties as to nonattending children and absentees; reports of ab- 
sentees. 
Such attendance teacher shall, immediately upon receiving the certified list 
, 98 [3 SC Code] 



§21-771 Education §21-772 

of nonattending children from the county superintendent of education, con- 
tact as rapidly as possible the parents or guardians of such nonattending 
children, with the object in mind of having such children enrolled in the most 
conveniently located schools in their respective districts and with the further 
object in mind of seeing that such pupils shall attend such school during the 
term thereof. Such attendance teacher shall check up on all absentees re- 
ported to her by the teachers of each school in the county and all principals 
shall report to such attendance teacher all continuous absences which appear 
to be unwarranted. Any principal or teacher who wilfully neglects and 
refuses to make weekly reports of nonattending children shall forfeit the sum 
of five dollars to be deducted from the current month's salary of such teacher, 
such deduction to be determined and made by the county superintendent of 
education of the county in which such teacher is employed. It shall be the 
earnest effort of the attendance teacher to have enrolled and to keep in school 
all children of school age in the county and the trustees and teachers of all 
State supported public schools shall cooperate with the attendance teachers 
to that end. 

1942 Code §§ 5471, 5473; 1937 (40) 556; 1945 (44) 379. 

§ 21-771. Additional duties of school attendance teacher. 

The attendance teacher shall, in addition to the other duties herein out- 
lined, interest nonattending and truant pupils in school work and influence 
them by means of persuasion, if possible, to attend school regularly without 
compulsion. In the event that a pupil wilfully and without just cause or ex- 
cuse habitually absents himself from school, such pupil shall be reported to his 
parents or guardian who shall compel the proper attendance of such pupil in 
school. 

1942 Code § 5471; 1937 (40) 556. 

§21-772. Duties in Anderson County. 

Each school principal in Anderson County shall report weekly, or more 
often if requested, to the attendance teacher serving his area all absences 
which appear to be unwarranted. Principals and teachers shall cooperate 
fully with the attendance teachers in their efforts to have children attend 
school regularly. The attendance teacher shall contact the parent or guardian 
of all children reported to him as violating the attendance law by the principals 
of the various schools within his jurisdiction, shall make careful investiga- 
tion when necessary and shall cooperate fully with school officials, teachers 
and civic, social, health, welfare and other organizations to the end that 
children shall attend school regularly. The county superintendent of educa- 
tion shall assign to each attendance teacher the territory in which such at- 
tendance teacher is to work. Each attendance teacher shall file a written re- 
port monthly with the county superintendent of education which shall be 
in such form as the superintendent may direct and shall include the names of 
all persons contacted or called upon during the previous month. 

1950 (46) 2131. 

99 



§ 21-773 Code of Laws of South Carolina § 21-776 

§21-773. Lists of pupils for attendance teachers in Anderson County. 

The principal of each school in Anderson County, or, if there be a school 
without a principal, the teacher of each grade of such school, shall furnish 
the county superintendent of education with a true and correct list of all 
bona fide pupils of such school or grade, as the case may be. Such list shall 
contain the names and ages of such children and the names and addresses of 
their parents. The attendance teachers shall under the direction of the county 
superintendent of education check and verify the correctness of such list. The 
list when furnished shall be certified as correct by the trustees of the district 
and the principal of the school or the teachers, as the case may be, and any 
pupils listed thereon who are not in attendance at the school reported or grade 
reported shall immediately be contacted by the attendance teachers and a 
full written report relative thereto shall be filed by such attendance teacher 
with the county superintendent of education. 

1950 (46) 2131. 

§ 21-774. Penalty for filing false list in Anderson County. 

The board of education of Anderson County may, after having held a hearing, 
permanently suspend any teacher from teaching in the public schools of said 
county and may revoke the commission of any school trustee when such 
teacher or school trustee knowingly falsely certifies to the correctness of any 
report or list of pupils in attendance at any school made under the require- 
ments of § 21-773. Appeal from the decision of the county board in any 
such case shall be to the court of common pleas and then by certiorari to 
the Supreme Court. Upon the revocation of the commission of a school 
trustee, the term of office of such trustee shall expire and the office be vacated 
and thereupon the vacancy shall be filled as soon as practicable. 

1950 (46) 2131. 

§ 21-775. Children unable to procure books or wearing apparel. 

In the event that any nonattending children reported to the attendance 
teacher shall be unable to procure books, that fact shall be reported to the 
trustees and county superintendent of education, and steps shall be taken 
immediately to provide the necessary books and working material. In the 
event that such nonattending children shall not have suitable clothing or 
shoes and the parents or guardian of such children are financially unable to 
provide the same, such condition shall be reported by the attendance teacher 
to the social and civic organizations of such county for such action in the 
premises as to such social and civic organizations shall seem meet and proper. 

1942 Code § 5472; 1937 (40) 556. 

§21-776. Providing nonattending children with cash, wearing apparel, books, 
etc. 

The school attendance teacher shall accept and receive from the social or 
civic organizations and agencies of the county or community all cash, clothes, 
shoes, books, materials, and similar articles as may be provided and shall 

100 



§ 21-777 Education § 21-779 

supply them to the nonattending school children of the county who are unable 
or whose parents or guardians are unable financially to provide such articles. 
1942 Code § 5473; 1937 (40) 556. 

§ 21-777. Parents failing to compel attendance; penalty and exceptions. 

All parents or guardians financially able shall compel their children of school 
age to attend regularly the public schools of this State, and any parent or 
guardian who wilfully neglects to enroll his child or who wilfully neglects 
or refuses to make such child attend school for the term thereof shall be sub- 
ject for such offense to a fine not in excess of twenty-five dollars or imprison- 
ment for a period not in excess of ten days, all fines to go into the school fund 
of that district or to the county school fund in the event the county operates 
upon a county unit system. Each day's absence of any such child shall con- 
stitute a separate offense. But the court, in its discretion, may suspend the 
sentence of anyone convicted for the first time of violating the provisions of 
this article if such violator agrees to and does conform forthwith to the 
provisions hereof, and such fine shall not apply to the parents or guardians 
of children gainfully employed when such employment is essential to the 
actual livelihood of such children or their parents or guardians. All cases 
shall be investigated carefully by the attendance teacher, and the trustees of 
each school district and the county superintendent of education shall con- 
stitute a board of inquiry for the purpose of passing on the merits of each 
respective case. If the board of inquiry decides that it is not to the essential 
well-being of the nonattending pupil or his parents or guardian that he shall 
continue to be employed, such pupil shall be ordered to attend school and 
the attendance teacher shall see that such pupil continues in school during 
the session or term. 

1942 Code § 5473; 1937 (40) 556. 

§ 21-778. Duties of children, parents, etc. 

All children of school age, as defined in § 21-752, shall attend the free public 
schools of this State during the term thereof, and all parents and guard- 
ians shall compel such attendance, unless their financial condition is such that 
the services of their children shall necessarily be required in earning a living. 
Earnest and honest cooperation is required on the part of all school officials, 
teachers, parents and guardians, and also by the children themselves, to the 
end that illiteracy may be greatly reduced in this State and that there may be 
a highly enlightened citizenship. 

1942 Code § 5475; 1937 (40) 556. 

§ 21-779. Board of inquiry ; appeal. 

The county superintendent of education and the district board of trustees 
shall constitute a board of inquiry in all cases, but any person aggrieved by 
their finding and ruling may appeal the same to the court of common pleas 
of the county for review. 

1942 Code § 5476; 1937 (40) 556. 

101 



§21-791 Code of Laws of South Carolina §21-794 

Article 3. 
Transportation of Pupils and School Busses Generally. 

§ 21-791. Definition of "school bus." 

When used in this article "school bus" shall be construed to mean every 
motor vehicle owned by a public or governmental agency and operated for 
the transportation of children to or from school or privately owned and oper- 
ated for compensation for the transportation of children to or from school. 

1942 Code § 1626-3; 1937 (40) 367. 

Common-law requirement of due care is Boyd, 203 S. C. 518, 28 S. E. (2d) 412 

not limited. — This and following sections (1943). 

relating to school busses contain many pro- Driver must select proper place for un- 

visions in regard to the equipment and op- loading. — A school bus driver is not re- 

eration of such busses, but these provisions quired to get out of the bus and direct or 

do not limit in any way the common-law escort children across the road, but he is 

requirement that due care shall be exer- not relieved from the responsibility of se- 

cised, for, on the contrary, this section is lecting a reasonably proper place for the 

obviously designed to promote the safety unloading of his passenger pupil or pupils. 

of children using a school bus. Hunter v. Hunter v. Boyd, 203 S. C 518, 28 S. E. 

(2d) 412 (1943). 

§ 21-792. Regulations of State Board. 

The State Board of Education, by and with the advice of the State Highway 
Department, shall adopt and enforce regulations not inconsistent with chapter 
3 of Title 46 to govern the design and operation of all school busses used for 
the transportation of school children when owned and operated by any school 
district or privately owned and operated under contract with any school district 
in this State and such regulations shall by reference be made a part of any such 
contract with a school district. Every school district, its officers and em- 
ployees, and every person employed under contract by a school district shall 
be subject to such regulations. Any officer or employee of any school district 
who violates any of such regulations or fails to include the obligation to comply 
with such regulations in any contract executed by him on behalf of a school 
district shall be guilty of misconduct and subject to removal from office or 
employment. Any person operating a school bus under contract with a school 
district who fails to comply with any such regulations shall be guilty of breach 
of contract and such contract shall be canceled after notice and hearing by the 
responsible officers of such school district. 

1949 (46) 466. 
§21-793. Blank. 

§ 21-794. Painting and markings of school busses. 

Every school bus while being used in the transportation of school pupils 
shall be substantially painted with high visibility yellow paint, conforming 
and similar to National School Bus chrome yellow, and shall display on the 
extreme rear end and sides of such body, painted in black letters not less than 
eight inches in height and five inches in width with a stroke of not less 

102 



§ 21-795 Education § 21-800 

than one inch in thickness or width, the following words and letters and no 
others: "SCHOOL BUS— STOP— S. C. LAW." 

1942 Code § 1626-3; 1937 (40) 367; 1946 (44) 2583; 1949 (46) 466. 

§ 21-795. Identification marks removed from former school busses. 

All school busses in this State, when no longer used for school purposes and 
sold to any person for private or public use, must have all marks of identifica- 
tion showing that these busses were used by schools and school districts re- 
moved before private or public use may be made of them. Any person vio- 
lating the provisions of this section shall be subject to a fine not exceeding 
twenty-five dollars or imprisonment upon the public works of the county in 
which the offense is committed for a period of not more than thirty days. 

1942 Code § 1626-4; 1937 (40) 122. 

§ 21-796. Requirement of dual wheels. 

County boards of education may at their discretion require that all re- 
placement or new busses, placed in service in their respective counties, shall 
be equipped with dual wheels. 

1942 Code § 1626-3; 1937 (40) 367; 1946 (44) 2583. 

§ 21-797. Windshield wiper, brakes, lights and rear view mirrors. 

Every school bus shall be equipped with a power driven windshield wiper, 
adequate brakes and efficient lights which shall at all times when in use be 
in good working order and also with a rear view mirror or mirrors of such 
dimensions as will enable the driver, from the driver's seat, to see reflected 
in them not only the occupants of the vehicle but also the road to the left and 
to the rear of the vehicle for a proper distance adequately to observe traffic 
in his rear. 

1942 Code § 1626-3; 1937 (40) 367. 

§ 21-793. Gasoline tanks of school busses. 

The gasoline tank of every school bus shall be filled, vented and located 
entirely outside of that part of the school bus utilized for carrying passengers. 

1942 Code § 1626-3; 1937 (40) 367. 

§ 21-799. Seating space, aisle, seats ; location of pupils. 

Sufficient seating space shall be provided so far as practicable for each 
passenger transported inside each school bus, no aisle in the school bus shall 
be less than twelve inches in width and all seats shall be securely fastened to 
the floor or body of the vehicle. All pupils must be within the body of the bus 
at all times while the bus is in motion. They shall not be permitted to ride 
on the running boards or in am- other place outside of the bus, nor shall they 
be permitted to ride with heads or arms protruding through open windows. 

1942 Code § 1626-3; 1937 (40) 367. 

§ 21-800. Front entrance-exit; emergency exit. 

Every school bus shall be provided with a front entrance-exit on the right 
side of the vehicle and a rear emergency exit or door, conspicuously marked 

103 



§21-801 Code of Laws of South Carolina §21-810 

on the inside "emergency door" and equipped with a fastening device capable 
of being quickly released in emergency but entirely safe from accidental 
opening upon the application of any pressure from within the bus. Except in 
the event of an emergency no person shall be allowed to enter or leave the 
bus by any other than the front entrance-exit. 
1942 Code § 1626-3; 1937 (40) 367. 

§§ 21-801 to 21-805. Blank. 

§ 21-806. Routes for locally owned busses. 

The county boards of education of the respective counties shall designate 

the official routes for the transportation of pupils to and from the public 

schools in such counties in busses owned and operated by local school agencies 

either directly or by contract, subject to the approval of the State Department 

of Education. 

1942 Code § 5385; 1932 Code § 5474; 1930 (36) 1346; 1931 (37) 296; 1933 (38) 74; 1937 
(40) 447; 1941 (42) 278; 1951 (47) 546. 

Cross reference. — As to repeal of 6-0-1 
Law, see 1933 Acts [1933 (38) 567]. 

§ 21-807. Qualifications of bus driver. 

The driver of each school bus must be an experienced driver of good moral 
habits, and neither he nor any pupil or any other person shall use alcoholic 
liquors or smoke any cigar, cigarette, pipe, tobacco or other substance in such 
vehicle during the time he is operating the same as a school bus. 

1942 Code § 1626-3; 1937 (40) 367; 1946 (44) 1341. 

§21-808. Blank. 

§ 21-809. Drivers must be of same race as children. 

It shall be unlawful for any person to operate a school bus while engaged 
in the transportation of pupils to or from the public schools in this State un- 
less he be of the same race as the pupils transported by him. An}' violation 
of the provisions of this section shall be a misdemeanor and shall be punish- 
able by a fine of not exceeding one hundred dollars or by imprisonment for not 
exceeding thirty days, in the discretion of the court. Any person who holds a 
contract for the operation of any school bus and permits the violation of the 
provisions of this section in respect to the bus that he is under contract to 
operate shall forfeit all rights under his contract and such contract shall be 
at an end. 

1942 Code § 1626-2; 1935 (39) 251. 

§ 21-810. School board members and relatives not to drive school busses. 

Members of boards of trustees of any school or school district are hereby 
forbidden to employ any member of their respective board or any relation 
within the second degree as a driver of any bus. 

1942 Code § 1626; 1932 Code § 1626; 1928 (35) 1320; 1938 (40) 1599. 

104 



§21-811 Education §21-816 

§ 21-811. Driver to supervise bus while operating. 

The driver of every school bus while the bus is being operated as such shall 
have general supervision of it and shall not permit or allow any person in 
the bus to occupy such a position as will interfere with the vision of the driver 
either to the front, either side or rear of the vehicle while it is in motion. 

1942 Code § 1626-3; 1937 (40) 367. 

§ 21-812. Driver not to leave while engine running. 

No driver or operator of a school bus shall leave the bus while the engine is 
running. 

1942 Code § 1626-3; 1937 (40) 367. 

§ 21-813. Complete stop to receive or discharge passenger required. 

Each school bus must come to a complete stop with clutch disengaged before 
any passenger is permitted to alight or enter. 

1942 Code § 1626-3; 1937 (40) 367. 

Cross reference. — As to meeting, over- 
taking and passing school busses, see § 46- 

477. 

§21-814. Filling gasoline tank. 

No gasoline tank on or in any vehicle used as a school bus shall be filled 
while the engine is running or, except in an emergency, when there are pupils 
in the bus. 

1942 Code § 1626-3; 1937 (40) 367. 

§ 21-815. Driver to stop before crossing railroad track. 

The operator of any school bus shall, before crossing at grade any tracks 
of any railroad, bring his vehicle to a full and complete stop within not 
less than ten feet nor more than fifty feet from the rail of the track nearest 
to the front of such vehicle and shall after such stop ascertain if it is safe to 
proceed before crossing such tracks. 

1942 Code § 1626-3; 1937 (40) 367. 

§ 21-816. Other duties and disciplinary powers of driver. 

The driver of each school bus shall cooperate with the teachers in their 
work in the school to which he is transporting pupils by being on time in the 
mornings and waiting in the afternoons until all his pupils are dismissed by 
the school faculty and safely aboard his bus. He shall also take particular 
notice along his route in the mornings and give pupils within sight a reason- 
able time in which to board his bus. The driver shall be responsible for the 
conduct of the children while riding in the bus and shall report to the govern- 
ing head of the school to or from which the pupils are transported. He may, 
with the approval of the principal or superintendent of the school, suspend a 
pupil or pupils from riding the bus driven by him for misconduct beyond his 
reasonable control. But he shall not suspend any pupil from riding his bus 
for more than one week for the first offense, more than two weeks for a second 

105 



§ 21-817 Code of Laws of South Carolina § 21-834 

offense or more than three weeks for a third offense. If, after a third offense, 
a pupil persists in uncontrollable conduct while riding a school bus to and from 
a school to which he is being transported, he shall then be suspended from 
riding such bus for the remainder of the school session then in progress. 
1946 (44) 1341. 

§ 21-817. Copies of § 21-816 to be posted in busses. 

The trustees of the various school districts shall cause to be posted in each 
school bus operating within their district at least two copies of § 21-816, 
and the Superintendent of Education of this State shall furnish a sufficient 
number of copies of said section to the various school districts to the end that 
the provisions of this section may be complied with. 

1946 (44) 1341. 

§21-818. Blank. 

§21-819. Inspection of busses. 

All school busses shall be subject to inspection at any time or place by 
officers of the State Highway Patrol or inspection forces. No school bus 
shall continue in operation in the transportation of pupils when found to be 
unsafe until the unsafe conditions disclosed by such inspection shall have been 
corrected. 

1942 Code § 1626-3; 1937 (40) 367. 

§21-820. Penalties. 

The doing of anything prohibited by this article or failing to do anything 
required by this article shall be a misdemeanor, punishable by a fine of not 
less than five dollars nor more than one hundred dollars or imprisonment in 
the county jail for not less than five nor more than thirty days. 

1942 Code § 1626-3; 1937 (40) 367. 

Article 3.1. 
Transportation by State or State Aid for Transportation. 

§ 21-833. Control by Commission. 

The control and management of all school bus transportation in the State 
shall be vested in the State Educational Finance Commission. 

1951 (47) 546. 

§ 21-834. Extent of transportation to be provided. 

It is hereby declared to be the policy of the State, acting through the State 
Educational Finance Commission, to assume no obligation to transport any 
child to or from school who lives within one and one-half miles of the school 
he attends, nor to provide transportation services extending within a one mile 
radius of the residence of any child, nor to furnish transportation for any child 
who attends a grade in a school outside the pupil's district when the same grade 

106 



§ 21-835 Education § 21-338 

is taught in an appropriate school that is located within the school district in 
which the pupil lives. 
1951 (47) 546. 

§ 21-335. Purchase of equipment already in use or on order. 

The Commission may purchase, with funds raised through the issuance of 
the bonds pursuant to article 6 of chapter 15 of this Title and with other mon- 
eys that may be appropriated for that purpose, any school bus equipment, 
either publicly or privately owned, which was being used on April 19 1951 
for the transportation of children to and from the schools in this State or that 
may then have been on contract for delivery, the purchase in such latter case 
to be at the contract price. When any such equipment is offered for sale 
to the State by a local school agency and such equipment meets the require- 
ments of § 21-836, the Commission shall buy it in the name of the State. 

1951 (47) 546. 

§ 21-836. How purchases made ; equipment not to be purchased. 

The Purchasing and Property Division of the State Budget and Control 
Board shall handle all negotiations for the purchase of equipment under the 
provisions of § 21-835. Each vehicle shall be appraised by said division, which 
shall establish the price to be paid by the State for each. The division may 
reject any equipment offered for sale to the State and shall, under no circum- 
stances, consider the purchase of any equipment the remaining usefulness of 
which is appraised at less than one year. 

The Commission shall adopt a purchasing system for new busses similar 
to that used by the State Highway Department for the purchase of its equip- 
ment. 

1951 (47) 546. 

§ 21-837. Existing contracts assumed. 

Within the limitations imposed in this article, the Commission shall carry 
out all contracts existing between local school districts or county school au- 
thorities with private contractors for the furnishing of transportation services 
which were in existence prior to January 10 1951. 

1951 (47) 546. 

§ 21-838. County boards may make transportation contracts and receive State 
aid. 

Any county board of education may at any time contract for any part or 
all of its transportation services with private individuals or contractors for 
the furnishing of such services. In any such instance the county board of 
education shall execute the contracts. The county board shall be responsible 
for the payment of all sums due under contracts so entered into and shall 
receive aid from the State for pupils thus transported only on the basis of the 
average per pupil operating cost of State-owned equipment for the current 
year as determined by the State Educational Finance Commission. 

1951 (47) 546. 

107 



§ 21-839 Code of Laws of South Carolina § 21-329.4 

§ 21-839. Bus drivers ; selection ; eligibility, training, etc. 

The county board of education of each county shall be responsible for the 
selection of prospective school bus drivers of State-owned equipment, under 
such rules of procedure as the Commission shall direct. No person under 
sixteen years of age shall be eligible for consideration as a bus driver. Before 
being employed all prospective drivers shall be examined by the State High- 
way Department to determine their competency. The Highway Department 
shall provide a rigid school bus driver training course and issue special "School 
Bus Driver's Certificates" to successful candidates. No person shall be au- 
thorized to drive a school bus in this State transporting children, whether the 
bus be owned by the State, by a local school agency or by a private contractor, 
who has not been so certified by the Highway Department. Local school 
superintendents may supervise the conduct of pupils being transported and 
of school bus drivers. 

1951 (47) 546. 

§ 21-839.1. Maximum pay of drivers. 

School bus drivers shall be paid not exceeding twenty-five dollars per school 
month when high school drivers are used. When other than high school 
drivers are used, at salaries of more than twenty-five dollars per month, the 
excess of such salaries over twenty-five dollars per month shall be borne by 
the school district or operating unit. 

But the excess of such salaries over twenty-five dollars per month may, in 
the discretion of the State Educational Finance Commission, be borne by the 
Commission upon proof by the county board of education to the Commission 
that the nature of an approved bus route is such as to make it absolutely im- 
practicable to use a high school driver and such as to warrant an exception to 
the policy of using primarily high school drivers as expressed in this section. 
In such cases school bus drivers may be paid by the Commission salaries 
not to exceed seventy-five dollars per month. 

1951 (47) 546, 710. 

§ 21-839.2. Commission approval required for routes served by State-owned 
equipment. 

All routes served by State-owned equipment shall be subject to the ap- 
proval of the Commission and no such equipment shall be operated except upon 
routes so approved. 

1951 (47) 54<5. 

§ 21-839.3. Routes of busses owned by local agencies. 

The Commission shall have no jurisdiction over the routing of busses owned 
and operated by local school agencies either directly or by contract. 

1951 (47) 546. 

§ 21-839.4. Use of transportation equipment for special events, etc. 

County boards of education may permit the use of school bus equipment 
for transportation in connection with athletic events, boys' and girls' clubs, 

103 



§ 21-839.5 Education § 21-842 

special events in connection with the schools and such other educational pur- 
poses as may appear proper to the respective boards. 
1951 (47) 546. 

§ 21-839.5. Expenses of operation of State and locally owned busses. 

The Commission shall be responsible for all expenses of operation of State- 
owned busses and for the replacement of obsolete equipment. The State shall 
assume no obligation whatever for the expenses of operating busses owned by 
local or county school agencies, except as provided in § 21-838. 

1951 (47) 546. 

§ 21-839.6. Highway Department to furnish supplies and maintenance. 

The State Highway Department shall be responsible for providing all sup- 
plies required for the operation of State-owned busses and for maintaining- 
them in efficient and safe mechanical condition. The Department shall be 
reimbursed periodically by the State Educational Finance Commission for 
expenditures incidental to operating and maintaining busses. 

1951 (47) 546. 

§21-839.7. Rules and regulations. 

The State Educational Finance Commission may adopt such rules and 
regulations as may be necessary to carry out the intent and purposes of this 
article. Such rules and regulations shall have the full force and effect of law. 
But rules and regulations that affect the functions of the State Highway De- 
partment under this article or the operation of busses on the highways shall be 
adopted only jointly with the Highway Department. 

1951 (47) 546. 

Article 4. 
Enrollment and Transfer of Pupils. 

§ 21-841. Enrollment of pupils. 

The first two weeks of the opening of any public school in this State shall, 
for the purposes of this section, be known and designated as enrollment weeks. 
During these two weeks, all teachers in the free public schools of this State 
shall receive and enroll such pupils as they present themselves, if otherwise 
admissible under existing law. 

1942 Code § 5347; 1932 Code § 5373; 1929 (36) 69. 

§ 21-842. Effect of transfer on enrollment lists. 

In the event that any enrolled pupil ceases to attend the school in which he 
has been enrolled and desires to attend another public school of this State, 
the teacher in the school wherein the pupil was last enrolled shall furnish 
the pupil, upon his application or upon the application of his parent or 
guardian, a certificate or card, showing the date of the enrollment of such pupil 
and all other information required by law to be obtained at the time of en- 
rollment. When any pupil applies for admission in any of the public schools 
of this State subsequent to the two enrollment weeks of the school, he shall, 

109 



§ 21-843 Code of Laws of South Carolina § 21-847 

if he has theretofore been enrolled during said year, present to the teacher 
or superintendent, such certificate or card, and before he shall be so enrolled, 
the school teacher shall ascertain whether or not he has theretofore been en- 
rolled during that year, and, if it be found that he has, he shall not be included 
among the enrolled pupils of the school to which he has thus transferred for 
that year, but a separate list of such pupils shall be kept and maintained and 
reported on a separate sheet attached to the list of enrolled pupils. 
1942 Code § 5347; 1932 Code § 5373; 1929 (36) 69. 

§ 21-843. State Board to publicize certain provisions. 

The State Board of Education shall have printed and furnish to the teach- 
ers in the free public schools of this State copies of §§ 21-S41 and 21-842 and 
shall give such other publicity thereto as may be deemed expedient and 
advisable. 

1942 Code § 5347; 1932 Code § 5373; 1929 (36) 69. 

§ 21-844. Penalty for violating certain provisions. 

Any person wilfully violating the provisions of §§ 21-841 to 21-S43 shall be 
guilty of a misdemeanor and subject to a fine not exceeding twenty-five dollars 
in the discretion of the court. The fines collected under this section shall be 
credited to the school fund of the county. 

1942 Code § 5347; 1932 Code § 5373; 1929 (36) 69. 

§ 21-845. No child counted in enrollment more than once. 

No child shall be counted in the school enrollment more than once, nor in 
more than one school district in any one school year and a pupil who enrolls 
in more than one school in any school year shall be counted only in the en- 
rollment of the first school which such pupil legally attends for a period of at 
least ten days during such school year. Any school officer charged with the duty 
of enrollment who shall wilfully violate this provision shall be guilty of a 
misdemeanor. 

1942 Code § 5299; 1932 Code § 5306; Civ. C. '22 § 2564; Civ. C. '12 § 1715; Civ. C. '02 
§ 1185; 1896 (22) 150; 1950 (46) 2050. 

§ 21-846. Annual report of enrollment, etc. 

The teacher or principal of every school shall keep and furnish annually to 

the trustees of the school district a list of all pupils that have attended the 

school during the preceding scholastic year, showing the names of the pupils, 

their respective places of residence and the number of days each pupil has 

attended. Such list shall be certified to the county board of education by the 

trustees on or before the first day of August in every year. 

1942 Code § 5299; 1932 Code § 5306; Civ. C. "22 § 2564; Civ. C. '12 § 1715; Civ. C. '02 
§ 1185; 1896 (22) 150. 

§ 21-847. Transfer of pupils from one county to another. 

If any taxpayer pays taxes in two or more counties he shall have the right 
to send his children to a school in any one of such counties. 

1942 Code § 534S; 1932 Code § 5374; Civ. C. '22 § 2620; 1921 (32) 128; 1939 (41) 310. 

110 



§ 21-848 Education § 21-852 

§ 21-848. Section 21-847 inapplicable to Richland and Georgetown Counties. 

The provisions of § 21-847 shall not apply to Richland or Georgetou'n Counties. 

1942 Code § 5348; 1932 Code § 5374; Civ. C. '22 § 2620; 1921 (32) 123; 1939 (41) 310; 
1950 (46) 2042. 

§ 21-849. Transfer to adjoining district. 

When it shall so happen that any person is so situated as to be better ac- 
commodated at the school of an adjoining school district, whether special or 
otherwise, the board of trustees of the school district in which such person re- 
sides may, with the consent of the board of trustees of the school district in 
which such school is located, transfer such person for education to the school 
district in which such school is located, and the trustees of the school district 
in which the school is located shall receive such person into the school as 
though he resided within the district. 

1942 Code § 5346; 1932 Code § 5372; Civ. C. '22 § 2619; Civ. C. '12 § 1756; Civ. C. *02 
§ 1214; 1896 (22) 165; 1912 (27) 619; 1919 (31) 63; 1921 (32) 128; 1928 (35) 1195; 1940 
(41) 1734; 1941 (42) 206. 

Applied in Gordon v. Bell, 116 S. C. 466, 
108 S. E. 186 (1921). 

§ 21-850. Transfer without consent of district of residence. 

The trustees of any school district who knowingly permit the enrollment of 

pupils who have not been transferred with the consent of the trustees of the 

district wherein such pupils reside shall be guilty of a misdemeanor and, upon 

conviction, shall pay a fine not exceeding twenty-five dollars or be imprisoned 

not more than thirty days. 

1942 Code § 5346; 1932 Code § 5372; Civ. C. '22 § 2619; Civ. C. '12 § 1756; Civ. C. '02 
§ 1214; 1896 (22) 165; 1912 (27) 619; 1919 (31) 63; 1921 (32) 128; 1928 (35) 1195; 1940 
(41) 1734; 1941 (42) 206. 

§ 21-851. County board of education may order transfer. 

When a transfer of pupils from one district to another is sought and the 

trustees of the latter district unreasonably or capriciously withhold their 

consent, the county board of education of the county in which the districts 

are located shall have the right, after hearing, to make the transfer, but only 

on condition that each pupil so transferred pay semi-annually, in advance, if 

financially able to do so in the opinion of the board of trustees, as tuition, 

an amount not less than the per capita expenditure from the special tax for 

operating the school to which the pupil is to be transferred, together with all 

other charges paid by patrons of such district for any special course or courses. 

1942 Code §§ 5346, 5348; 1932 Code §§ 5372, 5374; Civ. C. '22 §§ 2619, 2620; Civ. C. '12 
§ 1756; Civ. C. '02 § 1214; 1896 (22) 165; 1912 (27) 619; 1919 (31) 63; 1921 (32) 128; 1928 
(35) 1195; 1939 (41) 310; 1940 (41) 1734; 1941 (42) 206. 

§ 21-852. When payment of tuition, etc., may not be required. 

When either parent, the guardian or other person having in charge any pupil 
and maintaining such pupil at his home shall own and pay tax on any property 
in a school district adjoining that in which any such person and pupil reside, 
such pupil may be enrolled either in the district in which he resides or in any 

111 



§21-852.1 Code of Laws of South Carolina §21-857 

such adjoining district, without being required to pay any tuition fee or other 

operating expenses and shall be entitled to all of the privileges of such school 

as if he resided in such school district. 

1942 Code § 5346; 1932 Code § 5372; Civ. C. '22 § 2619; Civ. C. '12 § 1756; Civ. C. 'OS 
§ 1214; 1896 (22) 165; 1912 (27) 619; 1919 (31) 63; 1921 (32) 128; 1928 (35) 1195; 194C 
1.41) 1734; 1941 (42) 206. 

§ 21-852.1. Same ; exception for Marion County. 

The provisions of § 21-S52 shall not apply to Marion County. 
1951 (47) 405. 

§ 21-853. Credit on tuition for taxes paid. 

Whenever under the provisions of law any school district or municipal cor- 
poration is authorized to levy a special tax for the support of public schools 
therein, any person not a resident of such school district or municipal cor- 
poration shall, if the provisions of § 21-852 do not apply, be entitled to a credit 
upon fees for the tuition of his children by the amount of such special tax 
paid by such person. 

1942 Code § 5391; 1932 Code § 5419; Civ. C. '22 § 2682; Civ. C. '12 § 1792; Civ. C. '02 
§ 1238; 1896 (22) 150; 1897 (22) 514. 

§ 21-854. Same; exceptions for Spartanburg County. 

The provisions of §§ 21-851 and 21-852 shall not apply to Spartanburg County. 

1942 Code § 5346; 1932 Code § 5372; Civ. C. '22 § 2619; Civ. C. '12 § 1756; Civ. C. '02 
§ 1214; 1896 (22) 165; 1912 (27) 619; 1919 (31) 63; 1921 (32) 128; 1928 (35) 1195; 1940 
(41) 1734; 1941 (42) 206; 1949 (46) 589. 

§21-855. Same; Sumter County. 

The provisions of § 21-851 shall not operate so as to reduce the tuition fees 
now or hereafter of force in School District No. 17, comprising the city of 
Sumter, in which district the tuition fees shall be fixed by the school board of 
said district, and in fixing tuition for said district the school board may avail 
itself of the provisions of § 21-851. 

1942 Code § 5348; 1932 Code § 5374; Civ. C. '22 § 2620; 1921 (32) 128; 1939 (41) 310. 

§ 21-856. Certain sections inapplicable in certain counties. 

The provisions of §§ 21-849 to 21-852 shall not apply to Anderson, Barnwell, 

Georgetown, Greenville or Richland Counties. 

1942 Code § 5346; 1932 Code § 5372; Civ. C. '22 § 2619; Civ. C. '12 § 1756; Civ. C. '02 
§ 1214; 1896 (22) 165; 1912 (27) 619; 1919 (31) 63; 1921 (32) 128; 1928 (35) 1195; 1940 
(41) 1734; 1941 (42) 206; 1948 (45) 2023; 1949 (46) 199; 1950 (46) 2042; 1951 (47) 274. 

§ 21-857. Special provision for Anderson County. 

The board of education of Anderson County, with the consent of the board of 
trustees of the school district affected, may transfer and transport high school 
pupils and elementary school pupils from any district within this county to 
any other district within or without this county for the purpose of providing 
proper school facilities to such pupils, if it appears to the county board that it 
is more economical and feasible to furnish such pupils with sucl facilities 

112 



§ 21-861 Education § 21-864 

by transferring and transporting them to such other district. The county 
board may require the district from which such pupils are transferred to pay 
to the district which furnishes school facilities for such pupils an annual tui- 
tion fee. Such tuition fee per pupil shall be equal to the cost per pupil for 
operation, maintenance and capital outlay which the district to which the 
pupil is transferred incurs in operating its elementary schools, in case the 
transferred and transported pupil is an elementary school pupil, or incurs 
in operating its high schools, in case such transferred and transported pupil 
is a high school pupil, less any amount which such district may receive for the 
benefit of such pupil from any county-wide tax levy allocated to the schools 
of the county. The per pupil benefits from such tax shall be calculated upon 
an average attendance basis. 

1950 (46) 2131. 

Article 5. 
School Lunches. 

§ 21-861. School lunch division in State Board. 

To continue and expand the lunch program in the public schools of the 
State, in cooperation with the Food Distribution Administration of the United 
States Government, or any similar agency, there shall be a school lunch divi- 
sion in the State Department of Education, to be directed by a State super- 
visor, appointed by the State Board of Education. Such division shall also 
employ a steno-clerk and a food consultant to plan meals and otherwise as- 
sist in the program and shall purchase all necessary and incidental office 
supplies. The salaries of the personnel herein provided for shall be fixed 
by the State Department of Education. 

1943 (43) 286. 

§ 21-862. County school lunch supervisors. 

School lunch supervisors shall be employed on a county basis, with one 
supervisor for each county of the State. In the larger counties of the State, 
where the number of school children and the area involved warrant, the State 
Department of Education may divide such counties into two districts and pro- 
vide a supervisor for each district. In such cases the counties shall pay one- 
half of the cost of the salaries and expenses of such additional supervisors. 

1943 (43) 286. 

§ 21-363. Employment and discharge of county supervisors. 

County boards of education may employ or discharge county school lunch 
supervisors at any time and the person or persons employed by the county 
boards as such shall be paid for such services from any funds provided there- 
for. 

1951 (47) 710. 

§ 21-864. Duties of county supervisors. 

School lunch supervisors shall be responsible for the supervision and pro- 
[3 SC Code]— 8 113 



§ 21-865 Code of Laws of South Carolina § 21-872 

motion of school lunches in their respective counties and shall cooperate with 
government agencies furnishing food and produce and funds for the purchase 
of foods and shall see that these funds or foods are properly distributed among 
the schools and where they can he most effectively used. They shall cooperate 
with and carry out the general program as directed by the State Department 
of Education, to the end that hot lunches shall be furnished in all the public 
schools in the State insofar as possible. 
1943 (43) 286. 

§ 21-865. Compensation of supervisors and expenses. 

Each supervisor shall be paid a salary and three hundred dollars per year 
for all expenses. The counties shall also furnish necessary office space and 
equipment for properly administering the program. 

1943 (43) 286; 1951 (47) 506. 

§ 21-866. State's school lunch policy. 

It is declared to be the policy of the State to receive and distribute such 
funds or food supplies as are available for the school lunch program or 
otherwise and to supervise and generally direct the program in the local 
schools. 

1943 (43) 286. 

§ 21-867. When State Budget and Control Board to provide funds. 

Should the Federal Government at any time resume the distribution of 
commodities to schools, the State Budget and Control Board shall provide 
from the general funds of the State such an amount as may be necessary for 
the State to take advantage of such distribution. 

1943 (43) 286. 

Article 6. 
Fire Drills. 

§ 21-871. Fire drills required at.least monthly ; penalty. 

All teachers or superintendents in charge of the schools of the State which 
are supported in whole or in part by taxation shall conduct fire drills at 
least once each month. Any teacher or superintendent failing to observe the 
provisions of this section shall be fined not less than ten dollars nor more than 
twenty-five dollars for each offense. Such fine shall be deducted from his 
salary and turned over to the county treasurer for ordinary county purposes. 

1942 Code § 546S; 1932 Code § 5471; 1927 (35) 168. 

§ 21-872. Certificate of compliance ; collection of penalty. 

The principal or supervising teacher of each school shall indicate on his 
monthly pay voucher whether he has complied with the requirements of 
§ 21-871, and should it appear that he has failed to do so the superintendent 
of education shall deduct from that teacher's salary the minimum fine for the 
first offense and the maximum fine for each following offense. 

1942 Code § 5465; 1932 Code § 5471; 1927 (35) 16S. 

114 [3SCCode] 



§21-873 



Education 



§21-873 



§ 21-873. Copies of law to be exhibited. 

The count}' superintendent of education of each county of this State shall 
have copies of §§ 21-871 to 21-S72 printed in suitable form and have at least 
one placed in a conspicuous place in each of the public school buildings of 
his county. 

1942 Code § S46S; 1932 Code § 5471; 1927 (35) 168. 



CHAPTER 15. 
Financial Matters.* 



Article 1. 



Holding of Certain Funds. 



Sec. 
21-901. 



State Treasurer to invest certain 
funds. 

21-902. State Treasurer to hold certain mon- 
eys for educational purposes. 

21-903. Investment of such fund. 

21-904. Funds given to State Superintend- 
ent for educational purposes. 

Article 2. 
School Taxes Generally. 

21-911. Additional county taxes. 

21-912. School districts are tax districts. 

21-913. Levy of annual school district tax. 

21-914. Petition for and notice of election. 

21-915. Same; petition in Laurens, New- 
berry and Williamsburg Counties. 

21-916. Same; maximum rate in Horry 
County. 

21-917. Voting at and conduct of election. 

21-918. Levy of tax; increase, decrease or 
repeal. 

21-919. Same; special provision for Ander- 
son County. 

21-920. Same; exception for Charleston 
County. 

21-921. Same; exception for Horry County. 

21-922. Levy a lien. 

21-923. How tax paid out. 

21-924. Taxpayer may designate school his 
tax goes to; effect of failure to 
designate. 

21-925. Special provision for Orangeburg 
County. 

21-926. Special provisions for Marion Coun- 
ty. 



Sec. 

21-927. Reduction of unnecessarily high 
special school levies. 

21-928. Same; reduction by boards and leg- 
islative delegation. 

21-929. Same; special provisions for certain 
counties. 

21-930. Levies in Charleston County. 

21-931. Reduction or restoration of levy in 
Darlington County. 

21-932. Special provisions for Fairfield 
County. 

21-933. Reductions in Greenville County. 

21-934. Levies in Hampton County. 

21-935. Discontinuance of special school 
levies when purpose satisfied. 

21-936. Sections 21-927 and 21-935 not ap- 
plicable in certain counties. 

Article 3. 
Reserve Fund. 

21-941. Reserve fund to place schools on 

cash basis. 
21-942. Same; Charleston and Clarendon 

Counties excepted. 
21-943. Use of reserve fund. 



Article 4. 
Claims against School Funds. 

21-951. Prerequisites to payment of claims. 
21-952. Payment of payrolls and claims in 

Beaufort and certain Charleston 

County districts. 
21-953. Same; in certain Allendale County 

districts. 
21-954. Approval of warrants by county 

superintendent or agent. 

* As to imposition of poll tax for educational purposes, see §§ 65-151 to 65-160. As to 
general exemptions from taxation, see § 65-1522. As to duty of school trustees to investi- 
gate tax returns in certain counties, see § 65-1651. As to duty of auditor to state school 
district in which taxpayer resides, see §65-1760. As to duty of school trustees to meet 
with township boards of assessors in certain counties, see § 65-1854. 

115 



§21-901 



Code ok Laws of South Carolina 



§21-901 



Sec. 

21-955. Secretary to superintendent of Ches- 
ter County to execute pay war- 
rants; bond. 

21-956. Employees in Spartanburg County 
to sign for superintendent. 

21-957. Payments from school funds. 

21-958. Blank. 

21-959. Treasurer to report monthly to su- 
perintendent. 

21-960. Treasurer to carry forward unex- 
pended balances; report. 

21-961. Officials not to acquire interest in 
claims or contracts. 

Article 5. 
The School Bond Act. 

21-971. Short title. 

21-972. Definitions. 

21-973. When school unit may issue bonds; 
amount thereof. 

21-974. How election held and who may 
vote. 

21-975. Notice of election. 

21-976. Declaration of result; when declara- 
tion conclusive unless contested 
within thirty days. 

21-977. Maturity of bonds. 

21-978. Provision for redemption. 

21-979. Negotiability and registration. 

21-9C0. Place of payment. 

21-981. Interest rate. 

21-932. Execution of bonds. 

21-983. Sale of bonds. 

21-984. Minimum sales price. 

21-985. Credit pledged for payment; tax 
therefor. 



Sec. 

21-986. Use of surplus of tax in Horry 
County. 

21-9S7. Exemption from taxes. 

21-988. Legal investments for fiduciaries. 

21-989. Deposit and use of proceeds. 

21-990. Investment of sinking funds in de- 
fense securities. 

Article 6. 
State School Bonds. 

21-995. Authority to issue. 

21-996. Limits on aggregates of such in- 
debtedness. 

21-997. Request for issuance of bonds. 

21-998. When bonds to be issued. 

21-999. Form; time, place and medium of 
payment. . 

21-999.1. Denomination. 

21-999.2. Negotiability; coupons; registra- 
tion. 

21-999.3. Interest; maturities; redemption. 

21-999.4. Bonds tax exempt. 

21-999.5. Execution of bonds. 

21-999.6. Pledge of credit and revenues for 
payment of bonds. 

21-999.7. When pledge not to prevent de- 
crease in sales tax. 

21-999.8. Sale of bonds. 

21-999.9. Lawful investments for fiduci- 
aries. 

21-1000. Disposition of proceeds of sale. 

21-1000.1. Use of proceeds; segregation for 
different uses. 

21-1000.2. Sinking fund paj-ments. 

21-1000.3. Retail sales tax part of contract 
with bondholders. 



Article 1. 
Holding of Certain Funds. 

§ 21-901. State Treasurer to invest certain fund. 

The State Treasurer may invest the fund received by him pursuant to an act 
entitled "An Act to Authorize the State Treasurer to Receive from the L T nited 
States Government a Certain Fund and to Hold the Same Subject to the 
Uses Declared by an Act of Congress," approved February 20 1907 as amend- 
ed by an act approved February 25 190S in bonds or stocks of the State, in 
loans secured by like bonds or stock of the State or in bonds of any county, 
school district or municipality within the State and shall hold the same subject 
to the trust and uses in said act of Congress designated, and the State Treas- 
urer may, in making such investments, pay the market value for bonds, 
whether the same be above par or not. 

1942 Code § 5393; 1932 Code § 5279; Civ. C. '22 § 2539; 1914 (28) 742; 1917 (30) 340. 



116 



§ 21-902 Education § 21-904 

§ 21-902. State Treasurer to hold certain moneys for educational purposes. 

The State Treasurer shall take and hold in trust for the State any grant or 

devise of lands and any gift or bequest of money or other personal property 

made to him for educational purposes, all gifts to the State when the purpose 

is not designated, all escheated property, the net assets or funds of all estates 

or copartnerships in the hands of the courts of the State when there have 

been no claimants for the same within the last seventy years and other money 

that came into the State Treasury by reason of the twelfth section of an act 

entitled "An Act to Provide a Mode of Distribution of the Moneys as Collected 

as Direct Tax from the Citizens of this State by the United States, and 

Turned Over in Trust to the State of South Carolina," approved December 

24 1891 (Acts 1891, p. 1067) together with such other means as the General 

Assembly may provide. For faithful management of all property so received 

the State Treasurer shall be responsible upon his bond to the State as for 

other funds received by him in his official capacity. 

1942 Code § S392: 1932 Code § 5278; Civ. C. '22 § 2538; Civ. C. '12 § 1702; Civ. C. '02 
§ 1178; 1896 (22) 150; 1917 (30) 384; 1942 (42) 1444. 

Cross references. — As to general powers ucational exemptions from inheritance tax, 
of school trustees, see § 21-230. As to ed- see § 65-473. 

§ 21-903. Investment of such fund. 

The State Treasurer shall from time to time invest in bonds of this State 
or of the United States or in bonds of any county, school district or municipal- 
it}' within the State all such money in the name of the State as a permanent 
state school fund and shall pay out the income derived therefrom to the 
counties of the State as the same may be apportioned among the counties 
by the State Board of Education. But no disposition shall be made of any 
property, grant, devise, gift or bequest inconsistent with the purposes, condi- 
tions or terms thereof. 

1942 Code § 5392; 1932 Code § 5278; Civ. C. '22 § 2538; Civ. C. '12 § 1702; Civ. C. '02 
§ 1178; 1896 (22) 150; 1917 (30) 384; 1942 (42) 1444. 

Cross reference. — As to general powers of Cited in Varn v. Beattie, 171 S. C. 424, 

school trustees, see § 21-230. 172 S. E. 442 (1934). 

§ 21-904. Funds given to State Superintendent for educational purposes. 

The State Superintendent of Education shall take and hold in trust for 
the State any grant or devise of lands and any gift or bequest of money or 
other personal property made to him for educational purposes and he shall 
pay into the State Treasury, for safe-keeping and investment, all moneys 
and incomes from property so received. The State Treasurer shall, from 
time to lime, invest all such moneys in the name of the State and shall pay 
to the State Superintendent of Education, on the warrant of the Comptroller 
General, the income or principal thereof as he may, from time to time, require; 
provided, that no disposition shall be made of any grant, devise, gift or be- 
quest inconsistent with the conditions or terms thereof. For all such prop- 
erty the State Treasurer shall be responsible on his bond as for other funds 
received by him in his official capacity. 

117 



§21-911 Code of Laws of South Carolina §21-914 

1912 Code § 3185; 1932 Code § 3185; Civ. C. '22 § 879; Civ. C. '12 § 800; Civ. C. '02 
§ 723; G. S. 5S3; R. S. 641; 1878 (16) 575. 

Article 2. 

Scliool Taxes Generally. 

§ 21-911. Additional county taxes. 

Before any additional tax is levied in any county for school purposes, the 

question of levying such tax shall first be submitted to the qualified electors 

of such county as provided by law. 

1942 Code § 5426; 1933 (38) 567; 1934 (38) 1340, 1442; 1935 (39) 133; 1937 (40) 113, 
220; 1938 (40) 1649. 

§ 21-912. School districts are tax districts. 

The school districts of the several counties of the State are hereby made 
and declared to be the divisions of the counties for taxation for all school pur- 
poses. 

1942 Code § 5329; 1932 Code § 5355; Civ. C. '22 § 2602; Civ. C. '12 § 1741; Civ. C. '02 
§ 1207; 1896 (22) 162. 

Stated in Gallishaw v. Jackson, 99 S. C. 
342, 83 S. E. 454 (1914). 

§ 21-913. Levy of annual school district tax. 

The voters or electors of any school district who return real or personal 

property for taxation may levy and collect an annual tax to supplement any 

special or other tax for like purposes in the manner herein provided. 

1942 Code § 5330; 1932 Code § 5356; Civ. C. '22 § 2603; Civ. C. '12 § 1742; Civ. C. '02 
§ 1208; 1896 (22) 162; 1900 (23) 364; 1903 (24) 64; 1906 (25) 111; 1907 (25) 631; 1910 
(26) 742; 1915 (29) 100; 1917 (30) 382; 1920 (31) 727, 1084; 1923 (33) 773; 1924 1,33) 988; 
1925 (34) 157; 1930 (36) 1126; 1934 (38) 1591. 

§ 21-914. Petition for and notice of election. 

Upon the written petition or request of at least one third of the resident 
electors and a like proportion of the resident freeholders of the age of twenty- 
one years being filed with the county board of education, asking for the same 
and stating the rate of tax levy proposed, which shall not exceed fifteen mills, 
the county board of education shall order the board of trustees of such school 
district to hold an election at some place within the district, after giving 
notice of the time and place thereof for at least two weeks in some newspaper 
published within the county and by posting notice thereof in at least three 
public places within such school district for such length of time, unless there 
be no newspaper published within the county, in which event the posting of 
the notices as above shall suffice. 

1942 Code § 5330; 1932 Code § 5356; Civ. C. '22 § 2603: Civ. C. '12 § 1742; Civ. C. - 02 
§ 1208; 1896 (22) 162; 1900 (23) 364; 1903 (24) 64; 1906 (25) 111; 1907 (25) 631; 1910 
(26) 742; 1915 (29) 100; 1917 (30) 382; 1920 (31) 727, 10S4; 1923 {33) 773; 1924 ^33) 9SS; 
1925 (34) 157; 1930 (36) 1126; 1934 (38) 1591. 

Applied in Welch v. Getzen, S5 S. C. 156, 
67 S. E. 294 (1910). 

US 



§ 21-915 Education § 21-918 

§21-915. Same; petition in Laurens, Newberry and Williamsburg Counties. 
In Laurens, Newberry and Williamsburg Counties the elections provided for 
in § 21-914 shall be ordered by the county board of education upon the peti- 
tion of the trustees of any school district in the counties. 

1942 Code § 5330; 1932 Code § 5356; Civ. C. '22 § 2603; Civ. C. '12 § 1742; Civ. C. '02 
§ 1208; 1896 (22) 162; 1900 (23) 364; 1903 (24) 64; 1906 (25) 111; 1907 (25) 631; 1910 
(26) 742; 1915 (29) 100; 1917 (30) 382; 1920 (31) 727, 1084; 1923 (33) 773; 1924 (33) 988; 
1925 (34) 157; 1930 (36) 1126; 1934 (38) 1591; 1947 (45) 120, 201. 

§ 21-916. Same ; maximum rate in Horry County. 

Notwithstanding the provisions of § 21-914, any school district in Horry 
County may levy not to exceed twenty-two mills upon all of the taxable prop- 
erty of such school district upon written petition and election to be held in the 
manner and form herein set out. 

1942 Code § 5330; 1932 Code § 5356; Civ. C. '22 § 2603; Civ. C. '12 § 1742; Civ. C. '02 
§ 1208; 1896 (22) 162; 1900 (23) 364; 1903 (24) 64; 1906 (25) 111; 1907 (25) 631; 1910 
(26) 742; 1915 (29) 100; 1917 (30) 382; 1920 (31) 727, 1084; 1923 (33) 773; 1924 (33) 988; 
1925 (34) 157; 1930 (36) 1126; 1934 (38) 1591; 1946 (44) 1419. 

§ 21-917. Voting at and conduct of election. 

At such election only such electors as return real or personal property for taxa- 
tion and who exhibit their tax receipts and registration certificates, as re- 
quired in general elections, shall be allowed to vote. At such election the 
board of trustees shall act as managers, and the election shall be conducted as 
is provided by law for the conduct of general elections. At the election each 
elector favoring the proposed levy shall cast a ballot containing the word 
"Yes" printed or written thereon, and each elector opposed to said levy shall 
cast a ballot containing the word "No" printed or written thereon. 

1942 Code § 5330; 1932 Code § 5356; Civ. C. '22 § 2603; Civ. C. '12 § 1742; Civ. C. '02 
§ 1208; 1896 (22) 162; 1900 (23) 364; 1903 (24) 64; 1906 (25) 111; 1907 (25) 631; 1910 
(26) 742; 1915 (29) 100; 1917 (30) 382; 1920 (31) 727, 1084; 1923 (33) 773; 1924 (33) 988; 
1925 (34) 157; 1930 (36) 1126; 1934 (38) 1591. 

Voters for special tax levy must produce in the district under this section, held with- 

tax receipts. — A special school district elec- out requiring the voters to produce tax re- 

tion on the question of whether a special ceipts, is void. State v. Cooper, 116 S. C. 

levy should be made against the property 216, 107 S. E. 924 (1921). 

§ 21-918. Levy of tax ; increase, decrease or repeal. 

Within ten days after such election, if the majority of those voting shall 
vote for such levy, the board of trustees shall furnish the county auditor with 
a statement of the amount so levied, and the auditor shall enter the same 
in the tax duplicates, and he shall annually, each year thereafter, enter such 
amount in the tax duplicates until the same is increased, by the taxpayers, 
at an election called for that purpose, or is decreased in a manner provided by 
law, and he is notified that the same has been increased, decreased or repealed ; 
and if increased or decreased, he shall annually enter it as so increased or 
decreased. Such election shall be called and notice given in the same way 
and manner as is herein provided for the calling of elections to make the levy 
and the giving of the notice that it has been made, and the county treasurer 

119 



§21-919 Code of Laws ok South Carolina §21-922 

shall collect the same as other county and state taxes. Any tax which may be 

levied, increased, decreased or repealed after October 1st in any year shall not 

take effect until the next succeeding year. 

1942 Code § 5330; 1932 Code § 5356; Civ. C. '22 § 2603; Civ. C. '12 § 1742; Civ. C. '02 
§ 1208; 1896 (22) 162; 1900 (23) 364; 1903 (24) 64; 1906 (25) 111; 1907 (25) 631; 1910 
(26) 742; 1915 (29) 100; 1917 (30) 382; 1920 (31) 727, 1U84; 1923 (33) 773; 1924 (33) 988; 
1925 (34) 157; 1930 (36) 1126; 1934 (38) 1591. 

§ 21-919. Same ; special provision for Anderson County. 

On or before May 1st of each year the board of trustees of each school dis- 
trict in Anderson County shall certify to the county board of education the 
amount of levy upon the taxable property in its district which in its opinion is 
necessary as a supplement to other funds accruing to the district for the proper 
operation of the schools of the district for the ensuing school year. Upon 
the county board approving such levy certified to by the trustees of any 
school district, the board shall notify the auditor of the county the amount 
of such levy for such school district. If the board of trustees of any school 
district fails to certify the amount of such levy on or before the date above 
specified, the county board shall determine the amount of such levy for such 
school district and notify the auditor thereof. The amount of levy which the 
county board notifies the count}' auditor to make in the respective school dis- 
tricts shall be made by the auditor and such taxes shall be collected by the 
county treasurer as other taxes are collected and placed to the credit of the 
respective school districts. 

1950 (46) 2131. 

§ 21-920. Same ; exception for Charleston County. 

Any tax which may be levied, increased, decreased or repealed after July 

1st in any year by any school district in Charleston County or by the voters 

or electors of any school district in said county, in the manner and for the 

purpose or purposes provided in §§ 21-913 to 21-918, shall not take effect until 

the next succeeding year. 

1942 Code § 5330; 1932 Code § 5356; Civ. C. '22 § 2603; Civ. C. '12 § 1742: Civ. C. '02 
§ 1208; 1896 (22) 162; 1900 (23) 364; 1903 (24) 64; 1906 (25) 111; 1907 (25) 631; 1910 
(26) 742; 1915 (29) 100; 1917 (30) 382; 1920 (31) 727, 1084; 1923 (33) 773; 1924 (33) 9S8; 
1925 (34) 157; 1930 (36) 1126; 1934 (38) 1591. 

§ 21-921. Same; exception for Horry County. 

Notwithstanding the provisions of the last sentence of § 21-918 if any such 

tax is levied, increased after October 1st in any year in the county of Horry 

the auditor may enter the increased tax on the tax duplicate and the treasurer 

may collect same for the current year. 

1942 Code § 5330; 1932 Code § 5356; Civ. C. '22 § 2603; Civ. C. '12 § 1742; Civ. C. '02 
§ 1208; 1896 (22) 162; 1900 (23) 364; 1903 (24) 64; 1906 (25) 111; 1907 (25) 631; 1910 
(26) 742; 1915 (29) 100; 1917 (30) 382; 1920 (31) 727, 1084; 1923 (33) 773; 1924 (33) 9'SS; 
1925 (34) 157; 1930 (36) 1126; 1934 (38) 1591. 

§21-922. Levy a lien. 

A levy made pursuant to § 21-918 shall be a lien on the property in such 
school district, which shall be subject thereto in case of default of payment. 

120 



§ 21-923 Education § 21-926 

1942 Code § 5330; 1932 Code § 5356; Civ. C. '22 § 2603; Civ. C. '12 § 1742; Civ. C. '02 
§ 1208- 1896 (22) 162; 1900 (23) 364; 1903 (24) 64; 1906 (25) 111; 1907 (25) 631; 1910 
(26) 742; 1915 (29) 100; 1917 (30) 382; 1920 (31) 727, 1084; 1923 (33) 773; 1924 {33) 988; 
1925 (34) 157; 1930 (36) 1126; 1934 (38) 1591. 

§ 21-923. How tax paid out. 

The tax so collected shall be paid out by the county treasurer upon war- 
rants drawn by the board of trustees, countersigned by the county superin- 
tendent of education. But any surplus of such levy remaining in the hands 
of the county treasurer at the expiration of any fiscal year shall be paid out as 
other school funds of the district. 

1942 Code § 5330; 1932 Code § 5356; Civ. C. '22 § 2603; Civ. C. '12 § 1742; Civ. C. '02 
§ 1208; 1896 (22) 162; 1900 (23) 364; 1903 (24) 64; 1906 (25) 111; 1907 (25) 631; 1910 
(26) 742; 1915 (29) 100; 1917 (30) 382; 1920 (31) 727, 1084; 1923 (33) 773; 1924 (33) 988; 
1925 (34) 157; 1930 (36) 1126; 1934 (38) 1591. 

§21-924. Taxpayer may designate school his tax goes to; effect of failure to 
designate. 

Each taxpayer when he pays any tax for school purposes voted under the 
provisions of §§ 21-914 to 21-917 may designate to which school in the school 
district he wishes the money paid by him to go, and the treasurer shall 
keep a note of such designation, and the money shall be applied as thus des- 
ignated. When no designation is made by the taxpayer at the time of such 
payment the money shall be expended as other school funds in such district. 

1942 Code § 5330; 1932 Code § 5356; Civ. C. '22 § 2603; Civ. C. '12 § 1742; Civ. C. '02 
§ 1208; 1896 (22) 162; 1900 (23) 364; 1903 (24) 64; 1906 (25) 111; 1907 (25) 631; 1910 
(26) 742; 1915 (29) 100; 1917 (30) 382; 1920 (31) 727, 1084; 1923 (33) 773; 1924 (33) 988; 
1925 (34) 157; 1930 (36) 1126; 1934 (38) 1591. 

§ 21-925. Special provision for Orangeburg County. 

On the petition of a majority of the trustees of any school district in Orange- 
burg County, the county board of education may order an election in such 
district for the purpose set forth in § 21-913. Said election shall be held after 
such notice and in the manner prescribed by §§ 21-914 and 21-917 but the limi- 
tation of fifteen mills as the maximum levy shall not be applicable. Not more 
than one election shall be held in the same school district in any one fiscal year 
and the tax levy shall not be increased by more than five mills at any one elec- 
tion. Any election ordered under the provisions of this section shall be ordered, 
advertised, held and the county auditor advised of the result thereof before 
September 1st of any year, so that the proper tax may be levied in the several 
school districts of the county. The board of trustees of any school district 
may decrease the amount of the tax levy without holding an election. 

1942 Code § 5330; 1932 Code § 5356; Civ. C. '22 § 2603; Civ. C. '12 § 1742; Civ. C. '02 
§ 1208; 1896 (22) 162; 1900 (23) 364; 1903 (24) 64; 1906 (25) 111; 1907 (25) 631; 1910 
(26) 742; 19)5 (29) 100; 1917 (30) 382; 1920 (31) 727, 1084; 1923 (33) 773; 1924 (33) 98S; 
1925 (34) 157; 1930 (36) 1126; 1934 (38) 1591; 1947 (45) 181; 1948 (45) 1681. 

§ 21-926. Special provisions for Marion County. 

Upon presentation on or before July 1st of any year of a certified copy of 
a resolution by a majority of the board of trustees of any school district in 

121 



§21-927 Code of Laws of South Carolina §21-930 

Marion County approved by a majority of the county legislative delegation to 
the auditor of said county directing the auditor so to do, the auditor shall levy 
taxes for school purposes in accordance with such resolution, not to exceed 
thirty-five mills. An additional county-wide tax of three mills shall be levied 
in Marlon County for the purpose of equalizing the teaching load in the ele- 
mentary schools of Marion County. 

1942 Code § 5330; 1932 Code § 5356; Civ. C. '22 § 2603; Civ. C. '12 § 1742; Civ. C. '02 
§ 1208; 1896 (22) 162; 1900 (23) 364; 1903 (24) 64; 1906 (25) 111; 1907 (25) 631; 1910 
(26) 742; 1915 (29) 100; 1917 (30) 382; 1920 (31) 727, 1084; 1923 (ii) 773; 1924 (33) 988; 
1925 (34) 157; 1930 (36) 1126; 1934 (38) 1591; 1948 (45) 2018. 

§ 21-927. Reduction of unnecessarily high special school levies. 

Whenever in any school district in the State where special levies and taxes 
have been authorized, levied and are being collected the assessed valuation of 
the property shall have so increased since the authorization of the special levy 
as to provide an amount of taxes in excess of that contemplated at the time 
of the authorization of the levy or in excess of the amount collected the first 
year under such authorization, then, upon the written petition of the trustees 
of such school district approved by the county board of education and upon 
the petition of three-fourths of the residents subject to such tax, the auditor 
of the county in which the school district is situate and the tax being col- 
lected shall reduce the lev}' for such school district to such an amount as will 
produce the total amount of taxes originally intended to be collected. 

1942 Code § 5331; 1932 Code § 5357; Civ. C. '22 § 2604; 1919 (31) 243. 

§ 21-928. Same ; reduction by boards and legislative delegation. 

All existing special tax levies in all counties and school districts within the 

State may be reduced as deemed advisable by the local boards of trustees and 

the county boards of education, with the approval of the Senator and at least 

one half of the members of the House of Representatives of the county in 

which such reduction is made. But no tax levy for retiring bonds or other 

indebtedness of such school district shall be so reduced. 

1942 Code § 5426; 1933 (38) 567; 1934 (38) 1340, 1442; 1935 (39) 133; 1937 (40) 113, 
220; 1938 (40) 1649. 

§ 21-929. Same ; special provisions for certain counties. 

Notwithstanding the provisions of §21-911, in the counties of Bauihcrg, 
Berkeley, Calhoun, Chesterfield, Colleton, Dillon, Edgefield, Marion, Oeouee, Piek- 
ens, Williamsburg and York the Senator and at least half of the county repre- 
sentatives in the House of Representatives may regulate special district levies 
and the method of handling school funds and may provide a uniform millage 
for financing the schools in said counties. 

1942 Code § 5426; 1933 (38) 567; 1934 (38) 1340, 1442; 1935 (39) 133; 1937 (40) 113, 
220; 193S (40) 1649. 

§ 21-930. Levies in Charleston County. 

In all school districts in Charleston County all special and district school 
levies in effect on May 31 1933 shall be retained, and there shall be annually 
levied four mills in each district for the school purposes of such district. 

122 



§ 21-931 Education § 21-936 

1942 Code § 5426; 1933 (38) 567; 1934 (38) 1340, 1442; 1935 (39) 133; 1937 (40) 113, 
220; 1938 (40) 1649. 

§ 21-931. Reduction or restoration of levy in Darlington County. 

The county board of education of Darlington County may reduce any special 

levy of a tax for school purposes in any school district of Darlington County 

if and when it is excessive and may restore the same, in whole or in part, if 

and when any such reduced levy is insufficient for the purposes for which it 

is levied. 

1942 Code § 5426; 1933 (38) 567; 1934 (38) 1340, 1442; 1935 (39) 133; 1937 (40) 113, 
220; 1938 (40) 1649. 

§ 21-932. Special provisions for Fairfield County. 

The provisions of § 21-928 shall in no way repeal, interfere with or affect 

the provisions of Acts 1928, p. 1859, relating to Fairfield County. 

1942 Code § 5426; 1933 (38) 567; 1934 (38) 1340, 1442; 1935 (39) 133; 1937 (40) 113, 
220; 1938 (40) 1649. 

§ 21-933. Reductions in Greenville County. 

The provisions of § 21-928 shall not apply to Greenville County, but special 

levies in school districts in that county may be reduced by the respective 

boards of trustees and the county board of education. 

1942 Code § 5426; 1933 (38) 567; 1934 (38) 1340, 1442; 1935 (39) 133; 1937 (40) 113, 
220; 1938 (40) 1649. 

§21-934. Levies in Hampton County. 

Any school district in Hampton County may levy not to exceed thirty-four 

mills upon all of the taxable property of such school district. 

1942 Code § 5330; 1932 Code § 5356; Civ. C. '22 § 2603; Civ. C. '12 § 1742; Civ. C. '02 
§ 1208; 1896 (22) 162; 1900 (23) 364; 1903 (24) 64; 1906 (25) 111; 1907 (25) 631; 1910 
(26) 742; 1915 (29) 100; 1917 (30) 382; 1920 (31) 727, 1084; 1923 (33) 773; 1924 (33) 98S; 
1925 (34) 157; 1930 (36) 1126; 1934 (38) 1591; 1949 (46) 3S9. 

§ 21-935. Discontinuance of special school levies when purpose satisfied. 

Whenever the special levy in any school district shall have provided suffi- 
cient funds to pay and satisfy the purposes and obligations for which it was 
authorized, then, upon the written petition of the board of trustees of such 
school district or upon the written petition of three-fourths of the residents in 
the school district subject to such levy and taxes, the auditor of the county 
in which the school district is located shall discontinue the assessment author- 
ized. 

1942 Code § 5332; 1932 Code § 5358; Civ. C. '22 § 2605; 1919 (31) 243; 1927 (35) 200. 

§ 21-936. Sections 21-927 and 21-935 not applicable in certain counties. 

The provisions of §§ 21-927 and 21-935 shall not apply to the counties of 
Aiken, Allendale, Charleston, Chesterfield, Dorchester, Florence, Hampton, Horry, 
Jasper, Lee, Lexington, Oconee, Richland, Sumter, Williamsburg and York. 

1942 Code § 5332; 1932 Code § 5358; Civ. C. '22 § 2605; 1919 (31) 243; 1927 (35) 200. 

123 



§ 21-937 Code of Laws of South Carolina § 21-951 

§ 21-937. Discontinuance of levy in Horry County. 

In Horry County the auditor shall lower or discontinue any special school 
levy either for high schools or grade schools when sufficient funds are avail- 
able to accomplish the purpose for which the levy was made. 

1951 (47) 524. 

Article 3. 

Reserve Fund. 

§ 21-941. Reserve fund to place schools on cash basis. 

In any county in this State in which the schools have not funds sufficient 
to pay all claims in cash the county board of education may, at its discre- 
tion, direct the county superintendent of education to set aside from the school 
funds of the county, or any of the school districts, an amount annually not 
in excess of ten per cent of such funds, for so many years as may be necessary 
to create a sufficient fund to put the schools of such county or any of the 
school districts on a cash basis. 

1942 Code § 5372; 1932 Code § 5428; Civ. C. '22 § 2693; Civ. C. '12 § 1807; 1902 (24) 
1019; 1931 (37) 364. 

§ 21-942. Same; Charleston and Clarendon Counties excepted. 

The provisions of § 21-941 shall not apply to Charleston County and Clarendon 

County. ' 

1942 Code § 5372; 1932 Code § 5428; Civ. C. '22 § 2693; Civ. C. '12 § 1807; 1902 (24) 
1019; 1931 {37) 364. 

§ 21-943. Use of reserve fund. 

Whenever any such reserve fund reaches an amount sufficient to put the 
county or school district, as the case may be, on a cash basis, the fund may 
be used for said purpose. And in each year during the time necessary to 
create such reserve fund, the county superintendent of education shall use 
the fund accumulated as a loan, without interest, to pay claims held by teach- 
ers to whom pay certificates were originally issued, the funds so used to be 
replaced annually from taxes collected for school purposes. 

1942 Code § 5373; 1932 Code § 5429; Civ. C. '22 § 2694; Civ. C. '12 § 180S; 1902 (23) 1020 

Article 4. 

Claims against School Funds. 

§ 21-951. Prerequisites to payment of claims. 

Every claim which is chargeable against the fund raised for the support of 
the free public schools of the State, except such as is otherwise provided for 
by law, must be signed by at least a majority of the board of trustees of the 
school district against which the claim is chargeable, and the correctness and 
legality of the same shall be sworn to and subscribed by the person presenting 
such claim before it shall be approved by the person or persons authorized by 
law to give such approval. The oath required by this section may be admin- 

124 



§21-952 Education §21-953 

istered by any person authorized to administer oaths either within or without 
the State. School trustees and county superintendents of education shall, 
free of charge, administer oaths to persons presenting claims under this sec- 
tion. 

1942 Code § 5355; 1932 Code § 5381; Civ. C. '22 § 2627; Civ. C. '12 § 1758; Civ. C. '02 
§ 1216; 1896 (22) 165; 1940 (41) 1843; 1943 (43) 2; 1946 (44) 1383. 

Quoted in State v. Hiers, 51 S. C. 388, 29 
S. E. 89 (1898); State v. Morton, 51 S. C. 
323, 28 S. E. 945 (1898). 

§ 21-952. Payment of payrolls and claims in Beaufort and certain Charleston 
County districts. 
In each school district in Beaufort County and in each school district in 
Charleston County except School District No. 20, comprising the city of 
Charleston, the school trustees shall file with the county superintendent of edu- 
cation monthly, on forms to be furnished by him, a statement signed by a ma- 
jority of the trustees showing in itemized form the payroll of the district and 
all other claims, with bills for the same attached, and the count)' superintendent 
of education, when he has approved such statement, shall draw warrants on 
the county treasurer against the funds of the district for the payment of the 
items shown on such statement and shall deliver to the trustees within thirty 
days a duplicate of the warrants so drawn. Such warrants shall be paid by 
the county treasurer when presented. 

1942 Code § 5355; 1932 Code § 5381; Civ. C. '22 § 2627; Civ. C. '12 § 1758; Civ. C. '02 
§ 1216; 1896 (22) 165; 1940 (41) 1843; 1943 (43) 2; 1946 (44) 1383. 

§ 21-953. Same ; in certain Allendale County districts. 

In Allendale School District No. 22 and Fairfax School District No. 44, in 
Allendale County, the school trustees of said districts shall file with the county 
superintendent of education monthly, or from time to time, as they see fit, on 
forms to be furnished by the county superintendent, a statement signed by a 
majority of the trustees, showing in itemized form the payroll of the district 
for salaries and a separate payroll showing all other claims, with bills for the 
same attached. Attached to such payroll shall be a warrant drawn by the 
trustees made payable to the respective superintendents of the aforesaid school 
districts for the total amount shown by such payroll. Upon the approval of 
such payroll warrants by the county superintendent of education, the county 
treasurer shall pay to the superintendents of the respective schools aforesaid 
the amounts of such payroll warrants, and such funds shall be disbursed by the 
superintendents of the respective schools aforesaid. The superintendent of 
schools in Allendale School District No. 22 shall file a surety bond in the sum of 
six thousand dollars, and the superintendent of schools of Fairfax School Dis- 
trict No. 44 shall file a surety bond in the sum of four thousand dollars. Said 
bonds shall be filed with the county superintendent of education, conditioned 
for the faithful performance of the duties of the respective makers and pay- 
able to the county superintendent of education and his successors in office. 

125 



§ 21-954 Code of Laws of South Carolina § 21-956 

The expense of procuring said bonds shall be paid for by the respective school 

districts. 

1942 Code § 5355; 1932 Code § 5381; Civ. C. '22 § 2627; Civ. C. '12 § 1758; Civ. C. '02 
§ 1216; 1896 (22) 165; 1940 (41) 1843; 1948 (45) 2070. 

§ 21-954. Approval of warrants by county superintendent or agent. 

No school warrants issued by any board of school trustees against any pub- 
lic school fund shall be paid by the county treasurer or other officer having 
the custody of such fund until the warrant has been approved by the county 
superintendent of education of the county in which such warrant is drawn 
or by such person in the office of such county superintendent as may be desig- 
nated by him in writing, provided the person designated shall have furnished 
good and sufficient bond payable to the county for the faithful performance of 
his duties in the sum of one thousand dollars or in the sum of the bond of the 
county superintendent of education, whichever is higher. 

1942 Code § 5356; 1932 Code § 5382; Civ. C. '22 § 2628; Civ. C. '12 § 1759; 1909 (26) 
132; 1946 (44) 1563; 1947 (45) 280. 

County superintendent of education has County superintendent has no discretion 

more than a ministerial duty to perform to refuse approval of warrant for high 

when he approves a school warrant. Pas- school teacher's salary consistent with this 

lav v. Brooks, 198 S. C. 345, 17 S. E. (2d) section and for which funds are available. 

865 (1941). Walpole v. Wall, 153 S. C. 106, 149 S. E. 

Power to approve carries discretion to 760 (1929). 
disapprove. — Certain school trustees issued And mandamus may compel such ap- 
a warrant to an attorney for his legal serv- proval. — Where teacher had a valid contract 
ices in helping them become trustees. The of employment, the approval of pay war- 
county superintendent refusing to pay, it rants is not discretionary under this section 
was held that the power to pay a claim as long as there are sufficient funds to pay 
such as this carries with it the discretion them, and mandamus can be granted to 
to disapprove. Paslay v. Brooks, 198 S. C. compel approval. Tressley v. Nunnery, 169 
345, 17 S. E. (2d) 865 (1941). S. C. 509, 169 S. E. 413 (1933). 

§ 21-955. Secretary to superintendent of Chester County to execute pay war- 
rants ; bond. 
The secretary to the county superintendent of education of Chester County 
may sign the name of the county superintendent of education to school pay 
warrants drawn by her as secretary. Such secretary shall be bonded in the sum 
of one thousand dollars, such bond to be issued and paid for in the same manner 
as a bond of other county officers. 

1943 (43) 56. 

§21-956. Employees in Spartanburg County to sign for superintendent. 

The superintendent of education of Spartanburg County may designate an 
employee or employees of his office, in addition to the assistant superintendent 
of education, to sign and approve warrants and claims in the name of the 
county superintendent of education and likewise other necessary papers in 
connection with the same in the absence or inability to act of the count}' 
superintendent of education and also to perform such other services as may 
be required. Such employee or employees shall furnish bond in the sum of 
not less than two thousand dollars each. 

1942 Code § 5315; 1932 Code § 5331; Civ. C. '22 § 2580; 1912 (27) 688; 1937 (40) 465. 

126 



§ 21-957 Education § 21-961 

§ 21-957. Payments from school funds. 

All moneys disbursed by any county treasurer on account of school funds 
or taxes shall be paid on the order of the board of school trustees, counter- 
signed by the county superintendent of education, or as otherwise directed by 
law. 

1942 Code § 5368; 1932 Code § 5397; Civ. C. "22 § 2641; Civ. C. '12 § 1773; Civ. C. '02 
§ 1224; 1896 (22) 165; 1917 (30) 342. 

For construction of former section con- Florence School, 43 S. C. 11, 20 S. E. 794 
taining similar provisions, see Ex parte (1895). 

§21-958. Blank. 

§ 21-959. Treasurer to report monthly to superintendent. 

Each county treasurer shall report monthly, on the fifteenth day of each 

month, to the county superintendent of education of his county the amount 

of collections and disbursements made by him for the month on account of 

school tax and all other school funds. It shall be a misdemeanor on the part 

of any county treasurer to neglect, fail or refuse to make such report and, on 

conviction thereof, he shall pay a fine of not more than five hundred dollars 

to be used for school purposes in his county. 

1942 Code § 5367; 1932 Code § 5396; Civ. C. '22 § 2640; Civ. C. '12 § 1772; Civ. C. '02 
§ 1223; 1896 (22) 165. 

§ 21-960. Treasurer to carry forward unexpended balances; report. 

The county treasurer shall carry forward all sums in his hands collected 
for any previous year or years for school purposes and unexpended to the next 
fiscal year and credit the same to the school districts respectively, for which 
they were apportioned. He shall report such sums to the county superin- 
tendent of education. 

1942 Code § 5369; 1932 Code § 5399; Civ. C. '22 § 2643; Civ. C. '12 § 1775; Civ. C. '02 
§ 1226; 1896 (22) 165. 

§ 21-961. Officials not to acquire interest in claims or contracts. 

It shall be unlawful for any county treasurer, county auditor, member of a 
county board of education or school trustee to buy, discount or share, directly 
or indirectly, or be in any way interested in any teacher's pay certificate or 
other order on a school fund, except such as are payable to him for his own 
services, or for any school trustee to make any contract or be pecuniarily in- 
terested, directly, in any contract with any school district of which he is trus- 
tee. If any of the officers aforesaid shall violate the provisions of this section 
he shall be guilty of a misdemeanor and, on conviction thereof, shall pay 
a fine of not less than one hundred dollars nor more than five hundred dol- 
lars, to be used for school purposes in his county, and shall be imprisoned 
not less than three months nor more than twelve months, either or both. He 
shall also forfeit the amount of such claim or of his interest in such claim. 

1942 Code § 5370; 1932 Code §§ 5400, 1555; Civ. C. '22 § 2644; Civ. C. '12 § 1776; Civ. 
C. '02 § 1227; Cr. C. '22 § 503; Cr. C. '12 § 575; Cr. C. '02 § 418; R. S. 2561; 1896 (22) 
150; 1900 (23) 366. 

127 



§ 21-962 Code of Laws of South Carolina § 21-972 

§ 21-962. Borrowing to pay school claims. 

The county treasurer and the county supervisor or other managing officer 
of the several counties in this State shall, upon the application of the county 
boards of education of the respective counties, borrow from time to time dur- 
ing any fiscal year such sums of money as may be necessary to pay the 
school claims of such counties, not to exceed seventy-five per cent of the 
amount reported by the county auditors for schools for such fiscal year. In 
addition thereto they may borrow not exceeding fifty per cent of the estimated 
receipts from the State for school aid or any other school fund that may be 
estimated to be paid to such county, at a rate of interest not exceeding the 
rate of six per cent per annum. They may pledge the taxes to be collected 
for that purpose or the funds to be paid therefor as security for the payment 
of the money so borrowed and the interest thereon. All money borrowed 
shall be held and paid out by the county treasurer as school funds and with- 
out extra commission. 

1942 Code § 5371; 1932 Code § 5427; Civ. C. '22 § 2692; Civ. C. '12 § 1806; 1902 (23) 
1019; 1914 (28) 9; 1929 (36) 224; 1942 (42) 1454. 

Article 5. 

The School Bond Act. 

§21-971. Short title. 

This article may be cited as the "School Bond Act." 
1951 (47) 759. 

Special act as to building bond issue. — not deny the district the right to make use 
A special act as to a bond issue for build- of this and following sections. Brice v. 
ing purposes by the Yorkville district does McDow, 116 S. C. 324, 108 S. E. 84 (1921). 

§21-972. Definitions. 
As used in this article : 

(1) The word "authorities" shall mean the board of trustees or the commis- 
sion vested by law with the duty of operating the public schools in any par- 
ticular district, unit or county of the State; 

(2) The term "operating school unit" shall mean any type of school district, 
whether it be located in its entirety in one county or located partly in more 
than one county or, in case the schools of any county be operated by the county 
unit plan, the county; 

(3) The term "capital improvements" shall mean the constructing, improving, 
equipping, renovating and repairing of school buildings or other school facilities 
or the cost of the acquisition of land whereon to construct or establish such 
school facilities ; and 

(4) The term "county board" shall mean the county board of education of 
the county wherein the operating school unit is located, except that when an 
operating school unit is located partly in one county and partly in another 
county such term shall in such instances relate to the county boards of 
education of the counties wherein the operating school unit is located. 

1951 (47) 759. 

128 



§ 21-973 Education § 21-976 

§ 21-973. When school unit may issue bonds ; amount thereof. 

The authorities of any operating school unit may issue general obligation 
bonds of such operating school unit for the purpose of defraying the cost of 
capital improvements to any amount not exceeding the constitutional debt 
limitation applicable to such operating school unit, if 

(1) The election required by this article as a condition precedent to the 
issuance of bonds results favorably thereto ; 

(2) The bonds be issued within three years following the holding of the 
election ; and 

(3) The county board wherein such operating school unit is located, if 
there be such, shall give its approval to the issuance of such bonds. 

1951 (47) 759. 

§ 21-974. How election held and who may vote. 

The election required by this article shall be held in accordance with the 
provisions of the election law applicable to special elections and all persons 
resident in the operating school unit and qualified to vote under the Constitu- 
tion and laws of the State shall be permitted to vote. 

1951 (47) 759. 

Meaning of "qualified voter." — The term For additional related case, see Burriss 

"qualified voter" means the same as "quali- v. Brock, 95 S. C. 104, 79 S. E. 193 (1913). 
fied elector," as used in the Constitution Applied in McColl v. Marlboro Graded 

and general election statutes. McLaurin School Dist., 143 S. C. 120, 141 S. E. 265 
v. Tatum, 85 S. C. 444. 67 S. E. 560 (1910). (1928). 

Election on bond issue is properly called 
by town council. — Brice v. McDow, 116 S. 
C. 324, 108 S. E. S4 (1921). 

§ 21-975. Notice of election. 

Notice of the holding of such an election shall be given by publication there- 
of, in some newspaper published in the county wherein the operating school 
unit is located, at least once not less than fifteen days prior to the occasion set 
for the holding of such election. If the operating school unit lies partly in 
one county and partly in another the publication required by this section shall 
be made in both counties. Such notice shall state : 

( 1 ) The occasion of the holding of the election ; 

(2) The location of the several polling places ; 

(3) The qualifications imposed upon persons desirous of voting; 

( 4) The amount of bonds to be issued ; and 

(5) A brief description of the purpose for which the proceeds of the bonds 
shall be applied. 

1951 (47) 759. 

§21-975. Declaration of result; when declaration conclusive unless contested 

within thirty days. 

Upon the receipt of the returns of the election the authorities shall by 

resolution declare the results thereof and may provide for the filing of a 

certified copy of such resolution declaring the results of the election in the 

[3 SC Code]— 9 129 



§ 21-977 Code of Laws of South Carolina § 21-979 

office of the clerk of the court for each county wherein the operating school 
unit is located. In such event the results of the election, as declared by resolu- 
tion of the authorities so certified and filed, shall not be open to question 
except by a suit or proceeding instituted within thirty days from the date of 
the filing thereof. 
1951 (47) 759. 

The filing of a plat is not a condition in the matter of an election for a bond is- 

precedent for a special election. Brice v. sue, to file a plat of ttie other two districts 

McDow, 116 S. C. 324, 108 S. E. 84 (1921). consolidated, which plat had been made by 

See also Dove v. Kirkland, 92 S. C. 313, 75 a competent surveyor from the plat of the 

S. E. 503 (1912). three districts originally filed. Black- v. 

Sufficiency of plat.— Where one of the Stokes, 139 S. C. 381, 137 S. E. 698 (1927). 
three districts had withdrawn from a pro- Applied in Matthews v. Lynch, 110 S. C. 

posed consolidation, it was held sufficient, 63, 96 S. E. 494 (1918). 

§ 21-977. Maturity of bonds. 

Such bonds shall mature in such annual series or instalments as the authori- 
ties shall provide, except that : 

(1) The first maturing bonds shall mature within three years from the date 
as of which they may be issued ; 

(2) Not less than three per cent of the aggregate of the issue shall mature 
in any year ; and 

(3) No bond shall mature later than twenty-five years from the date as of 
which it may be issued. 

The provisions of this section shall not prevent the authorities from issuing 
the aggregate of the bonds authorized by the election on one or more occasions 
as two or more issues. 

1951 (47) 759. 

§21-978. Provision for redemption. 

Any bond may be issued with a provision for its redemption prior to its 
stated maturity at par and accrued interest, plus such redemption premium 
as may be prescribed by the authorities, but no bond shall be redeemable 
before maturity unless it contains a statement to that effect. In the proceed- 
ings authorizing the issuance of such bonds, provision shall be made specify- 
ing the manner of call and the notice thereof that must be given. 

1951 (47) 759. 

§ 21-979. Negotiability and registration. 

The bonds issued pursuant to this article shall be in the form of negotiable 
coupon bonds, payable to bearer, with the privilege to the holder of having 
them registered as to principal on the books of the treasurer of the county 
wherein the operating school unit is located, in whole or in part, and the prin- 
cipal thus made payable to the registered holder (unless the last registered 
transfer shall have been to bearer) upon such conditions as the authorities may 
prescribe. Unless registered such bonds shall have all the qualities of nego- 
tiable instruments under the law merchant and the negotiable instruments 
law. 

1951 (47) 759. 

130 [3SCCode] 



§ 21-980 Education § 21-986 

§ 21-980. Place of payment. 

The bonds issued pursuant to this article shall be made payable at such 
places, within or without the State, as the authorities shall provide. 

1951 (47) 759. 

§ 21-981. Interest rate. 

Such bonds shall bear interest at rates to be named by the authorities. 
1951 (47) 759. 

§21-982. Execution of bonds. 

Such bonds and the coupons annexed thereto shall be executed in the man- 
ner provided for by the authorities. 

1951 (47) 759. 

§21-983. Sale of bonds. 

The bonds shall be sold at public sale, after advertisement of such sale in 
a newspaper having general circulation in the State or in a financial publica- 
tion published in the city of New York or, in the discretion of the authorities, 
in both such publications. Such advertisement shall appear not less than ten 
days prior to the occasion set for such sale. The bonds may be disposed of at 
private sale if there are no bids received or if all bids are rejected. The pro- 
visions of this section shall not prevent a sale at private sale to the United 
States of America or any agency thereof. 

1951 (47) 759. 

§ 21-984. Minimum sales price. 

All such bonds must be sold at a price of not less than par and accrued 
interest to the date of delivery. 

1951 (47) 759. 

Applied in Sarratt v. Wilkins, 104 S. C. 
276, 88 S. E. 647 (1916). 

§ 21-985. Credit pledged for payment; tax therefor. 

For the payment of the principal and interest on such bonds as they re- 
spectively mature and for the creation of such sinking fund as may be neces- 
sary therefor the full faith, credit and resources of the operating school unit 
are irrevocably pledged and there shall be levied annually by the auditor of 
each county wherein such operating school unit is located, and collected by 
the treasurer of such county in the same manner as county taxes are levied 
and collected, a tax, without limit, on all taxable property in such operating 
school unit sufficient to pay the principal and interest of such bonds as they 
respectively mature and to create such sinking fund as may be necessary 
therefor. 

1951 (47) 759. 

§ 21-986. Use of surplus of tax in Horry County. 

In all school districts in Horry County, if there should remain a surplus 
of moneys in the hands of the county treasurer at the end of any year derived 

131 



§21-987 Code of Laws of South Carolina §21-995 

from a levy made for the retirement of school bonds or interest thereon, after 
the payment in full of all of the bonded indebtedness previously becoming- 
due, including interest thereon accrued, the county treasurer shall forthwith 
transfer all such surplus moneys in hand or which may be thereafter col- 
lected upon any such levy placed upon property in the district for the re- 
tirement of bonds to the general account of the respective school districts 
and thereafter the treasurer shall pay such funds out for general school 
purposes upon vouchers issued by the trustees of the respective districts. 
1947 (45) 182. 

§ 21-987. Exemption from taxes. 

Bonds issued under this article shall be exempt from all State, county, 
muncipal, school district and other taxes or assessments, direct or indirect, 
general or special, whether imposed for the purpose of general revenue or 
otherwise. 

1951 (47) 759. 

§ 21-988. Legal investments for fiduciaries. 

It shall be lawful for all executors, administrators, guardians, committees 
and other fiduciaries and all sinking fund commissions to invest any moneys 
in their hands in bonds issued under this article. 

1951 (47) 759. 

§ 21-989. Deposit and use of proceeds. 

The proceeds derived from the sale of the bonds shall be deposited with 
the treasurer of the county wherein the operating school unit is located, in 
whole or in part, in a special fund to the credit of the operating school unit 
and shall be applied solely to the purposes for which the bonds were issued, 
except that the premium, if any, shall be placed in the sinking fund established 
by § 21-985 and the accrued interest, if any, shall be used to discharge in part 
the first interest to become due on such bonds. 

1951 (47) 759. 

§ 21-990. Investment of sinking funds in defense securities. 

The county treasurers of the various counties of the State may invest the 
sinking funds of the school districts of their respective counties in United 
States Defense Bonds and Defense Securities upon the written request of the 
county superintendent of education and a majority of the trustees of the school 
district whose funds are to be invested. 

1942 (42) 1549. 

Article 6. 

State School Bonds. 

§21-995. Authority to issue. 

For the purpose of enabling the State Educational Finance Commission 
to raise the funds necessary to make the advances which are authorized by 

132 



§ 21-996 Education § 21-997 

article 2 of chapter 8 of this Title to be made to the operating units of the 
several counties and for the purpose of enabling the Commission to raise funds 
necessary to acquire the school bus equipment authorized to be acquired by 
the provisions of article 3.1 of chapter 14 of this Title, the Governor and the 
State Treasurer may issue State school bonds under the conditions prescribed 
by this article. 
19S1 (47) 546. 

§ 21-996. Limits on aggregates of such indebtedness. 

The aggregate principal indebtedness on account of bonds issued to obtain 
funds to make advances to the school districts or operating units of the several 
counties, after deducting that part of any sinking fund applicable to the re- 
tirement of bonds issued for such purpose, shall never exceed seventy-five 
million dollars. 

The aggregate principal indebtedness on account of bonds issued to ac- 
quire the school bus equipment authorized by the provisions of article 3.1 
of chapter 14 of this Title, after deducting that part of any sinking fund ap- 
plicable to the retirement of bonds issued for such purpose, shall never ex- 
ceed seven million five hundred thousand dollars. 

Within such limits, State school bonds may be issued from time to time 
under the conditions prescribed by this article, but in no event to mature later 
than July 1 1976. 

1951 (47) 546. 

§ 21-997. Request for issuance of bonds. 

Before any State school bonds are issued, the State Educational Finance 
Commission shall transmit to the Governor and to the State Treasurer a 
request for the issuance thereof and shall embody in such request : 

(1) A schedule showing the aggregate of bonds issued pursuant to previous 
requests, the purposes for which they were issued, the annual payments re- 
quired to retire such bonds, the interest thereon and the amount of sinking 
fund applicable to the retirement of such outstanding bonds, apportioned in 
accordance with the requirement of § 21-1000.2; 

(2) The amount of bonds sought to be issued, the purpose or purposes for 
which such bonds are to be issued and the amount intended for each purpose ; 

(3) A schedule showing future annual principal requirements and estimated 
annual interest requirements on the bonds requested to be issued ; 

(4) The estimated amount of the advances which the Commission intends 
to make within the then current fiscal year and the estimated cost of school 
bus equipment which the Commission intends to purchase within the then 
current fiscal year ; and 

(5) The aggregate amount for which advances have been approved, but 
which await completion because the funds necessary to make them are not 
available. 

1951 (47) 546. 

133 



§21-998 Conr. of Laws of South Carolina §21-999.2 

§21-998. When bonds to be issued. 

If the following shall appear to the satisfaction of the Governor and the 
State Treasurer from the foregoing request : 

(1) That the amount of revenues derived from the retail sales tax received 
during the next preceding fiscal year or, until information with respect to such 
amount becomes available, the Commission's estimate of the amount of rev- 
enue to be derived from the retail sales tax during the current fiscal year will, 
if received annually thereafter, be sufficient to pay as they fall due the prin- 
cipal and interest on such proposed State school bonds and all other State 
school bonds theretofore issued ; 

(2) That the amount of revenues estimated by the Commission to be re- 
ceived during the term for which such proposed State school bonds will be 
outstanding will be sufficient to pay, as the same respectively mature, the prin- 
cipal and interest of such bonds and of all other State school bonds theretofore 
issued ; 

(3) That the estimate of its needs for the then current fiscal year as shown 
pursuant to the requirements of item (4) of § 21-997 requires bonds to be is- 
sued in the amount requested ; 

(4) That the amount requested for use in making advances to the school 
districts or operating units of the State for the then current fiscal year is not 
more than five million dollars in excess of the amount of advances which the 
Commission has then approved and intends to make with the proceeds of the 
particular issue and that the amount requested to defray the cost of school bus 
equipment does not exceed the Commission's estimates of its needs for the 
then current fiscal year ; and 

(5) That the issue will be within the limitations prescribed by § 21-996 

It shall be the duty of the Governor and the State Treasurer to issue State 
school bonds in accordance with such request. 
1951 (47) 546. 

§ 21-999. Form; time, place and medium of payment. 

The State school bonds shall be issued in such form and with such provi- 
sions as to time, place or places and medium of payment as may be determined 
by the Governor and the State Treasurer, subject to the provisions of this 
article. 

1951 (47) 546. 

§ 21-999.1. Denomination. 

State school bonds shall be in the denomination of one thousand dollars 
each. 

1951 (47) 546. 

§ 21-999.2. Negotiability; coupons; registration. 

State school bonds issued under this article shall be in the form of negotiable 
coupon bonds, payable to bearer, with the privilege to the holder of having 
them registered in his name on the books of the State Treasurer as to prin- 
cipal only or as to both principal and interest, and such principal or both 

134 



§ 21-999.3 Education § 21-999.6 

principal and interest, as the case may be, thus made payable to the regis- 
tered holder, subject to such conditions as the State Treasurer may prescribe. 
State school bonds so registered as to principal in the name of the holder may 
thereafter be registered as payable to bearer and made payable accordingly. 
1951 (47) 546. 

§ 21-999.3. Interest; maturities; redemption. 

State school bonds shall bear interest, payable semiannually, at a rate or 
rates not exceeding the maximum interest rate specified in the Commission's 
request for the issuance thereof. Each issue of State school bonds shall mature 
in annual series or instalments, the first of which annual series or instalments 
shall mature not more than ten years after the date of the bonds and the last 
not more than twenty-four years after such date. The instalments or series 
may be equal or unequal in amount. State school bonds may, in the discre- 
tion of the Commission, be made subject to redemption at par and accrued 
interest, plus such redemption premium as it shall approve and on such occa- 
sions as it may specify in its request for the issuance of such bonds. State 
school bonds shall not be redeemable before maturity unless they contain a 
statement to that effect. 

1951 (47) 546. 

§ 21-999.4. Bonds tax exempt. 

All State school bonds issued under this article, and the income therefrom, 
shall be exempt from all State, county, municipal, school district and other 
taxes or assessments, direct or indirect, general or special, whether imposed 
for the purpose of general revenue or otherwise. 

1951 (47) 546, 710. 

§ 21-999.5. Execution of bonds. 

All State school bonds issued under this article shall be signed by the Gov- 
ernor and the State Treasurer. The great seal of the State shall be affixed 
to or impressed upon each of them and each shall be attested by the Secretary 
of State. The coupons attached to the State school bonds shall be authenticat- 
ed by a facsimile signature of the State Treasurer who is in office on the date 
of such State school bonds. The delivery of the State school bonds so exe- 
cuted and authenticated shall be valid notwithstanding any changes in offi- 
cers or seal occurring after such execution or authentication. 

1951 (47) 546. 

§ 21-999.6. Pledge of credit and revenues for payment of bonds. 

For the payment of the principal and interest on all State school bonds whose 
issuance is authorized pursuant to the provisions of this article, there shall be 
pledged the full faith, credit and taxing power of the State and, in addition 
thereto, but subject to the provisions of § 21-999.7, the entire amount of revenue 
derived from the retail sales tax levied by chapter 15 of Title 65. The rev- 
enues derived from such retail sales tax during each fiscal year shall be dis- 
charged from the foregoing pledge when payment or provision for payment 

135 



§ 21-999.7 Code of Laws of South Carolina § 21-1000 

has been made for the principal and interest of all State school bonds matur- 
ing in such fiscal year and when the requirements of § 21-1000.2 as to pay- 
ments into the sinking fund have been met. 
1951 (47) 546. 

§ 21-999.7. When pledge not to prevent decrease in sales tax. 

The pledge of such revenue derived from such retail sales tax shall not 
preclude the revision of such retail sales tax as to rate or as to the item taxed, 
either or both, if the State Auditor shall certify that his estimate of the revenue 
to be derived annually from the tax as thus revised will not be less than one 
hundred and fifty per cent of that sum which is equal to the maximum annual 
principal and interest requirements on all State school bonds outstanding or 
then requested to be issued on the date such certificate bears. Such certificate 
shall be appended to the enrolled act reducing such tax and be presented to 
the joint assembly of the General Assembly on the occasion such act is pre- 
sented for ratification. 

1951 (47) 546. 

§ 21-999.8. Sale of bonds. 

State school bonds shall be sold by the Governor and the State Treasurer 
upon sealed proposals, after publication of notice of such sale one or more 
times at least fifteen days before such sale, in a newspaper of general circula- 
tion in the State and also in a financial paper published in New York City 
which regularly publishes notices of sale of state or municipal bonds. The 
bonds shall be awarded to the highest bidder at a price not less than par and 
accrued interest to the date of delivery, but the right shall be reserved to 
reject all bids and to readvertise the bonds for sale. For the purpose of bring- 
ing about a successful sale of such bonds, the Commission may do all things 
ordinarily and customarily done in connection with the sale of state or mu- 
nicipal bonds. All expenses incident to the sale of such bonds shall be paid 
from the proceeds of the sale of such bonds. 

1951 (47) 546. 

§ 21-999.9. Lawful investments for fiduciaries. 

It shall be lawful for all executors, administrators, guardians and other 
fiduciaries and all sinking fund commissions to invest any moneys in their 
hands in State school bonds. 

1951 (47) 546. 

§ 21-1000. Disposition of proceeds of sale. 

The proceeds of the sale of State school bonds shall be received by the State 
Treasurer and placed by him in a fund to the credit of the Commission, except 
that the premium, if any, shall be placed in the sinking fund established by 
§ 21-1000.2 and the accrued interest, if any, shall be used to discharge in part 
the first interest to become due on such bonds. On the occasion that he 
receives the proceeds of State school bonds from the purchasers, the State 
Treasurer shall segregate that part of the proceeds which are intended for 

136 



§ 21-1000.1 Education § 21-1000.3 

advances to the school districts or operating units of the several counties from 
that portion of the proceeds intended to defray the cost of school bus equip- 
ment, but the purchasers of such bonds shall in no wise be liable for the proper 
application of the proceeds of such bonds to the purposes for which they are 
intended. 

1951 (47) 546. 

§ 21-1000.1. Use of proceeds ; segregation for different uses. 

The proceeds derived from the sale of State school bonds shall be applied 
by the Commission only to the purposes for which the bonds are issued and, 
if it shall be provided that a part of the proceeds of an issue of bonds shall be 
applied to advances to the operating units of the several counties and another 
part be applied to defray the cost of school bus equipment, the State Treasurer 
shall, upon the receipt of the proceeds of such bonds, segregate such pro- 
ceeds in accordance with the provisions of the request made to the Governor 
and the State Treasurer pursuant to the provisions of § 21-997. 

1951 (47) 546. 

§ 21-1000.2. Sinking fund payments. 

If the annual principal payment on account of outstanding bonds be less 
than five per cent of the aggregate of all bonds outstanding, there shall be 
placed in the sinking fund hereby established for the retirement of State school 
bonds such sum as is the difference between five per cent of the outstanding 
State school bonds and the amount retired by way of principal of such out- 
standing bonds during such year. The sinking fund shall be duly apportioned 
between debt existing by reason of borrowings for advances to the school 
districts or operating units of the several counties and debt existing by reason 
of borrowings to defray the cost of acquiring school bus equipment, in the 
proportion that each bears to the total of State school bonds outstanding. 

1951 (47) 546. 

§ 21-1000.3. Retail sales tax part of contract with bondholders. 

The provisions of chapter 15 of Title 65 levying the retail sales tax and 
of this article pledging the proceeds thereof to the payment of the prin- 
cipal and interest of State school bonds and to the sinking fund to be estab- 
lished for the retirement of the outstanding principal of the bonds shall be 
deemed to partake of the obligation of the contract between the State and the 
holders of the State school bonds. 

1951 (47) 546. 



137 



§21-1001 Code of Laws of South Carolina §21-1002 

CHAPTER 16. 

Abbeville County. 

Sec. Sec. 

21-1001. Construction of shelters along bus 21-1002. Treasurer may borrow for school 
routes. districts. 

§ 21-1001. Construction of shelters along bus routes. 

The board of trustees of Abbeville County School District No. 60 may 
erect shelters and buildings along school bus routes in said county where 
school children may seek shelter while waiting for busses to take them to and 
from school. It may also lease, rent or accept as a gift the use of land 
necessary for the erection, construction and use of such buildings and 
shelters for such children. The cost of carrying out the purpose of this sec- 
tion shall be borne by the school district and payable by it from any available 
funds. 

1949 (46) 57. 

§ 21-1002. Treasurer may borrow for school districts. 

The county treasurer of Abbeville County, upon written request from the 
school trustees of Abbeville County School District No. 60, endorsed by the 
county superintendent of education, may, in anticipation of taxes for any year, 
borrow for ordinary school purposes in such school district an amount not 
exceeding ninety-five per cent of the amount that would be raised by the tax 
levy for such year, at a rate of interest not to exceed eight per cent per annum 
and, as security for the payment of such loan, may pledge the taxes to be col- 
lected for such school district for such year. The proceeds of such loan shall 
be used solely for the payment of ordinary school expenses in keeping schools 
open in the school district until such school can realize from the collection of 
taxes. 

1942 Code § 5513; 1932 Code § 5498; 1923 (33) 490. 



13S 



§21-1031 



Education 



§21-1031 



CHAPTER 17. 

Aiken County. 



Article 1. 



County Board of Education. 
Sec. 
21-1031. Composition. 

21-1032. Conduct and expense of election. 
21-1033. Commission; terms; vacancies. 
21-1034. Officers; meetings; compensation. 
21-1035. General duties and powers. 
21-1036. Length of school term; holidays, 

etc. 
21-1037. Contracts with teachers. 

Article 2. 

County Superintendent of Education. 

21-1041. Authority of superintendent of ed- 
ucation; appeals. 

Article 3. 
Disbursements, Budgets and Levies. 

21-1051. Board of education to determine 

minimum annual financial needs 

of schools. 
21-1052. Tax levy to pay minimum school 

costs. 
21-1053. Special taxes to provide extra 

funds for school districts. 
21-1054. Credits to school districts. 
21-1055. Disbursements. 

Article 4. 

School Districts and School Trustees. 

21-1061. Nine school districts. 
21-1062. Added territory to bear proportion 
of bond tax. 



Sec. 

21-1063. Appointment and term of trustees 
for districts. 

21-1064. Election of trustees. 

21-1065. Removal of trustees. 

21-1066. Residence of trustees. 

21-1067. Duties of boards of school trustees. 

21-1068. Special provisions for certain 
schools. 

21-1069. Straightening lines of school dis- 
tricts. 

Article 5. 
Aiken School District No. 1. 

21-1081. Organization; rules and regula- 
tions. 

21-1082. Free schools; nonresident pupils. 

21-1083. Borrowing. 

21-1084. Budget. 

21-1085. Funds of district; warrants. 

21-1086. Trustees may declare teacher or 
employee secondary. 

21-1087. Secondary teachers or employees 
to remain such for life. 

21-1088. Pay of secondary teacher or em- 
ployee. 

Article 6. 

Negro High School. 

21-1091. Construction, etc. 
21-1092. Gifts, etc. 

21-1093. Powers of county governing body. 
21-1094. Supervision, maintenance and oper- 
ation of high school. 
21-1095. Negro high school committee. 



Article 1. 
County Board of Education. 

§ 21-1031. Composition. 

The Aiken County board of education shall be composed of nine members 
who shall be citizens of Aiken County and residents of their respective school 
districts and one of whom shall be elected by the people of each of the follow- 
ing school districts, respectively: Aiken School District No. 1, Ellenton School 
District No. 2, Gregg School District No. 3, Langley-Bath-Clearwater School 
District No. 4, Monetta School District No. 5, North Augusta School District 
No. 6, Salley School District No. 7, Wagener School District No. 8 and Wind- 
sor School District No. 9. 

1950 (46) 1973. 



139 



§ 21-1032 Code of Laws of South Carolina § 21-1035 

§ 21-1032. Conduct and expense of election. 

Members of the county board of education shall be elected in their re- 
spective school districts by a special election to be held on the second Tues- 
day in March in each district in which the term of the member of the board 
from such district expires in such year. Such election shall be held between 
the hours of nine A. M. and six P. M. and election precincts shall be located 
at such place or places as the county board of education shall designate. The 
board shall appoint three managers for each precinct and a committee of 
three to conduct the election, canvass the vote and certify the result to the 
county board of education. The rules of the general election shall apply 
except as otherwise specified in this article. The committee shall list as a 
candidate any qualified resident elector on whose behalf twelve or more 
electors sign a request that his name be listed. If fewer nominating peti- 
tions are filed than there are places to fill in the election the committee shall 
place in nomination the name of any incumbent. All nominating petitions 
must be in the hands of the chairman of the election committee by three 
o'clock P. M. five days before the election date. Necessary expenses of the 
election shall be paid from county board of education funds. 

1950 (46) 1973. 

§ 21-1033. Commission ; terms ; vacancies. 

The selection of members of the board as above provided shall be certified 
to the Secretary of State by the county board of education and he shall there- 
upon issue a commission to each person so selected. The term of office of the 
board members shall be three years, the initial terms of office having been 
three for three years, three for two years and three for one year so that a 
staggered term has been provided which will allow a change of only three 
members in any one year. The terms of office shall begin April 1 following 
the election. The county board of education shall fill by appointment any 
vacancy which leaves an unexpired term. 

1950 (46) 1973. 

§ 21-1034. Officers ; meetings ; compensation. 

The county board of education shall meet annually on the second Tuesday 
in April and elect one of its members as chairman and another as vice-chair- 
man. The county superintendent of education shall be ex-officio secretary to 
the board. The board shall hold a regular meeting at least monthly there- 
after and special meetings as necessary. All regular meetings shall be open 
to the public. Minutes of all meetings shall be kept by the secretary and 
filed by him in permanent record. The members of the board shall serve with- 
out pay, but they shall be reimbursed for their necessary travel at the rate 
of seven cents per mile. 

1950 (46) 1973. 

§ 21-1035. General duties and powers. 

The county board of education shall be clothed with all of the powers 
and charged with all of the duties otherwise provided by law and shall have 

140 



§21-1036 Education §21-1051 

executive, financial and administrative control of the public schools in the 
county subject, however, to the provisions of this article. 
1950 (46) 1973. 

§ 21-1036. Length of school term; holidays, etc. 

The county board of education may fix the length of the school term for each 
school district and the dates for the opening and closing of school terms and 
may establish holidays. 

1950 (46) 1973. 

§21-1037. Contracts with teachers. 

The county board of education shall examine all contracts for the employ- 
ment of teachers and other employees and no contract shall be binding upon 
the board or upon any school district, nor shall any part of the money called 
for in such contract be paid, until such contract has been approved by the 
board. 

1950 (46) 1973. 

Article 2. 

County Superintendent of Education. 

§ 21-1041. Authority of superintendent of education ; appeals. 

The county superintendent of education shall have charge of the school 
system of the county as provided by law and with full power to act, except 
that no decision or act of his shall be in conflict with the rules and regulations 
or established policies of the county board of education. Any one shall have 
the right to appeal any action of the county superintendent to the county board 
of education and when the board has rendered a decision, the decision shall 
be binding, except that any one shall have the right to appeal such decision 
to the State Board of Education within thirty days after the decision by the 
county board. 

1950 (46) 1973. 

Article 3. 

Disbursements, Budgets and Levies. 

§21-1051. Board of education to determine minimum annual financial needs 
of schools. 

The county board of education for Aiken County shall ascertain and deter- 
mine, at the end of each annual school term, the minimum cost required for 
the efficient operation and maintenance of all of the public schools of Aiken 
Count)', including, but not confined to, teachers' salaries, transportation of 
pupils, text books from the first through the sixth grades, inclusive, adminis- 
trative expenses and all other necessary costs and expenses thereof, in order 
to determine the financial needs for a minimum program in the public school 
system of Aiken County after taking into account State and Federal aid funds 
to be received for the aforesaid purposes. 

1948 (45) 1687. 

141 



§21-1052 Code of Laws of South Carolina §21-1055 

§ 21-1052. Tax levy to pay minimum school costs. 

The auditor of Aiken County shall levy a tax upon all of the taxable prop- 
erty of the county sufficient to meet the total minimum cost to be paid by 
the county for operating the public school system of said county, as deter- 
mined and certified to him by the county board of education for Aiken County. 
And the treasurer of the county shall collect such tax, deposit the revenue 
therefrom and pay the same out, in the manner provided by law. 

1948 (451 1687. 

§ 21-1053. Special taxes to provide extra funds for school districts. 

When the board of trustees of any school district of Aiken County deter- 
mines that the cost required for the efficient operation of the schools of such 
district exceeds its pro rata share of the over-all minimum cost of operating 
the county-wide school system, it shall report to the county board of education 
the additional special tnx which, in its opinion, is necessary for such purpose, 
and, upon the county board of education approving the same, it shall certify 
the same to the auditor of Aiken County, who shall levy a special tax upon all 
of the taxable property in such school district for the purpose of making up 
such deficiency. The treasurer of Aiken County shall collect such special 
tax, deposit the same to the credit of the school district in which the same 
is collected and pay the same out in the manner provided by law. 

1948 (45) 1687. 

§ 21-1054. Credits to school districts. 

The county board of education for Aiken County shall examine into and 
determine each year the per pupil cost of the total estimated costs of oper- 
ating the school system of Aiken County on the basis of average attendance 
in each school district in the county and shall credit to each of said school 
districts an amount equal to the aggregate per pupil costs of the average at- 
tendance therein for the preceding scholastic year. And, in addition to such 
per pupil costs, there shall be credited to each of such school districts the 
further sum of ten per cent of the aggregate amount of such per pupil costs 
to cover administrative and incidental expenditures therein. 

1948 (45) 1687. 

§ 21-1055. Disbursements. 

The county treasurer of Aiken County shall pay out funds collected or other- 
wise received for school purposes only on special vouchers prepared for this 
purpose and carrying the signature of the county superintendent of education 
and one other bonded person designated by the county board of education to 
sign such vouchers. No vouchers shall be signed by such persons to expend 
school district funds except when they shall have received an itemized claim 
bearing the signature or signatures of a person or persons designated by the 
board of trustees of such school district to approve and sign claims. 

1950 (46) 1973. 



142 



§21-1061 Education §21-1066 

Article 4. 
School Districts and School Trustees. 

§21-1061. Nine school districts. 

There shall be nine school districts in Aiken County, viz., the Aiken School 
District No. 1, the Ellenton School District No. 2, the Gregg School District 
No. 3, the Langley-Bath-Clearwater School District No. 4, the Monetta School 
District No. 5, the North Augusta School District No. 6, the Salley School 
District No. 7, the 'Wagener School District No. 8 and the Windsor School 
District No. 9. 

1948 (45) 1718; 1949 (46) 195. 

§ 21-1062. Added territory to bear proportion of bond tax. 

Any territory added in the formation of said school districts to any pre- 
viously existing school district which at the time had bonded indebtedness 
shall bear its just proportion of any tax levied to liquidate such bonds. 

1948 (45) 1718; 1949 (46) 195. 

§ 21-1063. Appointment and term of trustees for districts. 

Each of said school districts of Aiken County shall be under the control and 
management of a board of trustees composed of five members who shall be 
appointed and commissioned by the county board of education of Aiken Coun- 
ty. The original trustees in each of said school districts having been ap- 
pointed for terms of one, two and three years the successors to such trustees 
have been and shall hereafter be appointed and commissioned for terms of 
three years. 

1948 (45) 1718; 1949 (46) 195; 1950 (46) 1956. 

§ 21-1064. Election of trustees. 

The patrons of any school district in Aiken County may elect the trustees 
of such school district, and when the majority of the patrons of any such 
school district shall file a written petition directed to the county board of 
education of Aiken County asking that a trustee election be held in such school 
district, said county board of education shall order such trustee election to 
be held on the fourth Tuesday in March of the year following the expiration 
of the commission of any such trustee. 

1948 (45) 1718; 1949 (46) 195; 1950 (46) 1956. 

§21-1065. Removal of trustees. 

Any member of a board of trustees in any school district in Aiken County 
may be removed from office by the county board of education of Aiken County 
for cause in the manner now provided by law. 

1948 (45) 1718; 1949 (46) 195. 

§ 21-1066. Residence of trustees. 

All of the trustees shall be residents of their respective districts. 
1948 (45) 1718; 1949 (46) 195; 1950 (46) 1956. 

143 



§ 21-1067 Code of Laws of South Carolina § 21-1031 

§ 21-1067. Duties of boards of school trustees. 

The powers and duties of the board of trustees for the several school dis- 
tricts shall include (a) the determining of policies for their respective districts, 
not inconsistent with the rules and regulations or established policies of the 
count)' board of education, (b) preparing and submitting to the board for their 
approval a classified budget for each scholastic year, (c) electing teachers and 
selecting other employees and entering into contractual relations with them 
and (d) the control of all school district funds and the management of all 
school property within their respective districts. 

1950 (46) 1973. 

§ 21-1068. Special provisions for certain schools. 

The schools of Clearwater, Center, Belvedere, Gloverville, Downer, Nezv Hol- 
land, Talatha-Hawthome, Rcdd's Branch and Jackson shall not be closed, 
provided each of said schools shall maintain a yearly enrollment and average 
attendance of pupils in the first to the sixth grades, inclusive, sufficient to 
qualify for State aid salaries for three or more teachers. A majority of the 
patrons from each of the attendance areas of said schools may recommend 
to the county board of education of Aiken County two or more patrons from 
their attendance area, not more than two of whom shall in such event be 
appointed by the board, and they, with the duly appointed district trustee 
or trustees residing in such respective attendance area, shall constitute a com- 
mittee to be known as the education committee. Each such education com- 
mittee, together with the local district superintendent of schools, shall manage 
and maintain the school property, prepare a financial budget and submit it 
to the district board of trustees of their school district and recommend 
teachers for employment in the school or schools of their attendance area. 
Members of said education committees shall serve for terms of two years each 
and until their successors shall qualify and be appointed. 

1948 (45) 1718; 1949 (46) 195. 

§ 21-1069. Straightening lines of school districts. 

The county board of education of Aiken County shall have the right to 
straighten the lines of the school districts, even though by so doing a portion 
of the area of a former bonded school district may be affected, provided the 
new territory taken therein fully compensates for the territory taken there- 
from. 

1948 (45) 1718; 1949 (46) 195. 

Article 5. 

Aiken School District No. 1. 

§ 21-1081. Organization ; rules and regulations. 

The board of trustees of Aiken School District No. 1 shall elect a chairman 
and secretary from its membership, may form such committees as it sees fit, 
may delegate to such committees such functions as it sees fit and may adopt 

144 



§ 21-1082 Education § 21-1086 

such rules and regulations as it desires for its conduct and for the conduct 
of the schools under its jurisdiction, not in conflict with the state laws. 
1942 Code § 5518-1; 1935 (39) 411. 

§ 21-1082. Free schools; nonresident pupils. 

The board shall maintain free schools for all pupils residing within Aiken 
School District No. 1, and the board may receive such pupils as it sees fit 
residing beyond such school district, making reasonable tuition charges 
therefor. 

1942 Code § 5518-1; 1935 (39) 411. 

§ 21-1083. Borrowing. 

The board may also borrow money and pledge future taxes for the repay- 
ment thereof in order properly to operate the schools. 

1942 Code § 5518-1; 1935 (39) 411. 

§21-1084. Budget. 

A classified budget covering the ordinary expenditures necessary for the 
operation of the schools of said district for the ensuing school year shall be 
prepared by the board and shall be presented to the county board of educa- 
tion for its approval annually before the first day of July of each school year. 

1942 Code § 5518-1; 1935 (39) 411. 

§ 21-1085. Funds of district ; warrants. 

After such budget has been approved all funds arising from school taxes 
of said district and from tuition and otherwise, as well as all state aid funds 
to which said district is entitled, shall be kept separate from all other funds 
by the county treasurer, who shall honor the warrants of the trustees of said 
district or a majority thereof and shall pay out the funds of said district as 
so indicated by such warrants, provided such warrants shall have been first 
approved by the county superintendent of education who shall approve them 
unless they exceed the approved budget for the class of expenditures they 
represent. The board shall not issue warrants in excess of the total amount 
provided in the budget, unless such excess is approved by the county board 
of education. Duplicates of all warrants shall be filed with the county super- 
intendent of education as they are issued. 

1942 Code § 5518-1; 1935 (39) 411. 

§ 21-1086. Trustees may declare teacher or employee secondary. 

The board of trustees of Aiken School District No. 1 may, under the con- 
ditions herein set forth, declare any teacher or employee of said school district 
to be a secondary teacher or employee of the school district when the teacher or 
employee in question shall have been in the service of the school district in 
either or both of such capacities for at least forty years and shall have attained 
the age of sixty-five years. And it shall be mandatory upon the board in any 
such instance to declare such teacher or employee a secondary teacher or 
secondary employee, in accordance with the terms of this section, when and if 
[3SCCode] — 10 145 



§21-1087 Codf. or Laws of South Carolina §21-1092 

the board ceases to employ such teacher or employee on a full time and full 
pay basis. 

1944 (43) 1292. 

§ 21-1087. Secondary teachers or employees to remain such for life. 

In case such action is taken, the services of the secondary teacher or em- 
ployee in question shall be retained by the district in an advisory and substitute 
capacity for the balance of his life. 

1944 (43) 1292. 

§ 21-1088. Pay of secondary teacher or employee. 

In case such action is taken, the secondary teacher or employee shall re- 
ceive for the balance of his life as a consideration for acting in an advisory or 
substitute capacity a salary equal to sixty per cent of the prevailing state 
salary schedule of the person in question for the year in which the change 
in status is effected, during each month that the school to which he was last 
attached shall remain in session; provided that in case of an employee not re- 
ceiving state aid, the salary as a secondary employee shall be sixty per cent 
of the state schedule salary for teachers of like qualification and experience 
as the employee in question. Such sum shall be paid out of the funds of Aiken 
School District No. 1 and shall be included in the annual budget of said district. 
Such sum shall cease, however, to be paid, or shall be reduced, should the 
secondary teacher or secondary employee in question direct in writing the 
same to be done. 

1944 (43) 1292. 

Article 6. 
Negro High School. 

§21-1091. Construction, etc. 

The governing body of Aiken County may construct, repair, renovate and 
equip a building or buildings suitable and appropriate as a public high school 
for the negroes in the county. 

1949 (46) 318. 

§21-1092. Gifts, etc. 

The governing body of Aiken County may acquire and accept from any 
person donations, grants or gifts of money or other personal property or real 
estate for the use of the governing body of the county in constructing, re- 
pairing, renovating and equipping such building or buildings and for the 
operation of such high school. Any such donor may grant and convey such 
property to Aiken County by deed, will or otherwise, so as to vest in said 
county a good, marketable title in fee simple thereto. Such property, when 
so donated and accepted, shall be held, controlled and used in conformity with 
the terms of the instrument so granting, devising or conveying the same 
under the provisions of this article. 

1949 (46) 318. 

146 [3 SC Code] 



§21-1093 Education §21-1101 

§ 21-1093. Powers of county governing body. 

The governing body of Aiken County may enter into such contracts as it 
may deem necessary and essential and do all things needful to be done to 
complete the erection, repairing, renovating and equipping such building or 
buildings for the purposes aforesaid in accordance with plans and specifica- 
tions furnished or approved by the county board of education of the county. 

1949 (46) 318. 

§ 21-1094. Supervision, maintenance and operation of high school. 

The high school for negroes to be conducted and operated in such building 
or buildings shall be under the management, supervision and control of the 
county board of education for Aiken County, and the maintenance and opera- 
tion thereof shall be paid from the county board of education fund. 

1949 (46) 318. 

§ 21-1095. Negro high school committee. 

The county board of education may appoint a committee consisting of five 
negro citizens of Aiken County to be known as "The Negro High School Edu- 
cation Committee", which shall exercise the powers and discharge the duties 
to it delegated and assigned by the county board of education concerning all 
matters pertaining to the operation and welfare of such high school and not 
inconsistent with law. All members of said committee shall serve as such 
at the pleasure of the county board of education. 

1949 (46) 318. 



CHAPTER 18. 
Allendale County. 

Article 1. Article 2. 

General Provisions. Borrowing from Federal Agencies. 

Sec. Sec. 

21-1101. Calling meeting for election of 21-1121. Authorization. 

trustees. 21-1122. Approval of delegation required. 

21-1102. Conduct of meeting. 21-1123. Security and payment. 

21-1103. Appointment of nominees. 21-1124. Terms of obligations. 

21-1104. Vacancies. 21-1125. Deposit and disbursement of funds 

21-1 10S. Levies for school purposes. borrowed. 

21-1106. Blank. 21-1126. Obligations tax exempt. 

21-1107. Use of surplus in current operating 21-1127. Article cumulative. 

account for bonds or interest. 
21-1108. Use of surplus for other purposes. 
21-1109. Investment of funds. 

Article 1. 

General Provisions. 

§ 21-1101. Calling meeting for election of trustees. 

Whenever the selection of trustees for any graded school district in Allen- 
dale County is desired by vote of the people and that fact appears by petition 

147 



§21-1102 Code of Laws of South Carolina §21-1104 

directed to and filed with the superintendent of education of Allendale County, 
signed by at least ten patrons of the school in any such school district, the 
superintendent of education shall issue a call to the citizens of the school 
district desiring to so select their trustees for a meeting of the citizens 
and patrons, to be held in such district on or before the first Friday in May 
next following the filing of such petition, for the purpose of nominating 
school trustees for such district. The time and place of such meeting shall 
be designated by the superintendent of education, and the superintendent 
shall give at least ten days notice thereof by posting such notice in at least 
three conspicuous places in the district in which the meeting is called to be 
held. 

1942 Code § 5523: 1933 (38) 265. 

§ 21-1102. Conduct of meeting. 

All patrons and white citizens, male and female, twenty-one years of age 
or over, residing in such district shall be eligible to vote and take part in the 
meeting. Having assembled pursuant to the call of the superintendent of 
education, the citizens and school patrons shall select from their number a 
chairman who shall preside over the meeting and a secretary who shall record 
all proceedings thereof, and they shall proceed to nominate, under such rules 
of procedure as they shall by majority vote adopt, such number of trustees 
for the district as may be provided by law. A majority vote shall be necessary 
for nomination, and the secretary of the meeting shall forthwith report the 
names of those so nominated, certified by the chairman, to the board of edu- 
cation for Allendale County. 

1942 Code § 5523; 1933 (38) 265. 

§ 21-1103. Appointment of nominees. 

Upon receipt of the report as provided for in § 21-1102, the board of edu- 
cation of Allendale County shall appoint and commission as trustees of such 
school district those nominated in accordance with the provisions of this 
article, to take office upon the expiration of the terms of the trustees of 
such district then in office. The trustees so appointed shall hold office from 
the date of their appointment for the term provided for by law and until 
their successors are appointed and qualified, and when they have duly quali- 
fied as such trustees they shall be charged with all the duties and vested 
with all the powers provided by law for school trustees in Allendale County 

1942 Code § 5523; 1933 (38) 265. 

§ 21-1104. Vacancies. 

In case of a vacancy occurring on the board of trustees of any school dis- 
trict, appointed under the provisions of this article, the county board of edu- 
cation shall fill such vacancy by appointment, as provided by law, and such 
appointee shall hold office for the unexpired term and until his successor 
shall have been appointed and qualified. 

1942 Code § 5523; 1933 (38) 265. 

14S 



§21-1105 Education §21-1121 

§ 21-1105. Levies for school purposes. 

The auditor of Allendale County shall levy for general school purposes 
annually, until otherwise directed, in the several school districts of Allendale 
County, including all high school districts, taxes in the same amount as were 
levied for the year 1931, and the treasurer shall collect the same at the same 
time and in the same manner as other taxes are collected. But in those school 
districts in which, in the judgment of the trustees, an increase or decrease 
of the tax levy is proper or necessary, the levy may be increased or decreased 
in accordance with the necessities of such school district upon the written 
petition of the board of trustees of such school district, or a majority thereof, 
duly approved by the county board of education of Allendale County. 

1942 Code § 5522-1; 1932 (37) 1262. 

§21-1106. Blank. 

§21-1107. Use of surplus in current operating account for bonds or interest. 

In any school district in Allendale County in which the current operating 
account has funds on hand more than sufficient to pay all current claims, the 
trustees of such school district, upon the approval of the county superintend- 
ent of education, may transfer so much of such funds as they may deem proper 
to the note and bond account in order that such funds may be used to pay 
the principal or interest which may be due on the outstanding and unpaid 
notes and bonds of said school district. 
1942 (42) 1491. 

§ 21-1108. Use of surplus for other purposes. 

The trustees of any school district in Allendale County may use and expend 
the surplus funds of their respective school districts in the ordinary operating 
account, not necessary to be used for the support of schools during any school 
session, for the purpose of purchasing busses, school grounds or buildings, 
repairing and maintaining school buildings or for any ordinary school pur- 
poses in their respective school districts, provided a majority of the trustees 
in any such district shall approve such use and expenditure of such funds. 

1948 (45) 1832. 

§21-1109. Investment of funds. 

The trustees of any school district in Allendale County, with the approval of 
the county superintendent of education, may invest any funds, including sink- 
ing fund accounts, in United States defense bonds or any other obligations 
of the United States Government. 

1942 (42) 1491. 

Article 2. 

Borrozving from Federal Agencies. 

§21-1121. Authorization. 

The trustees of any school district in Allendale County may borrow from 
or through any agency of the United States Government, under provisions of 

149 



§21-1122 Code of Laws of South Carolina §21-1126 

law and regulations governing the lending of such funds, for the purpose of 
purchasing school busses, repairing, enlarging or constructing public school 
buildings in such school district and for any other purpose or project deemed 
by such trustees to be necessary to the proper conduct of the affairs of such 
school district. 

1942 Code § 5521; 1935 (39) 613. 

§ 21-1122. Approval of delegation required. 

Before any funds are borrowed under the terms of this article the legislative 
delegation from Allendale County shall first approve the purpose and the 
amount of the funds to be borrowed as well as the terms under which any 
and all such sums are to be repaid. 

1942 Code § 5521; 1935 (39) 613. 

§21-1123. Security and payment. 

To secure payment, with interest thereon, of any and all funds borrowed 
pursuant to the terms of this article, the full faith and credit of any such 
school district in Allendale County is hereby irrevocably pledged, and the 
trustees, with the approval of the county legislative delegation, may pledge 
any special tax, income or revenue accruing to the school district to secure 
the payment of any such obligation, and when any such tax, income or reve- 
nue becomes so pledged, the proceeds therefrom shall be applied to such 
purpose. 

1942 Code § 5521; 1935 (39) 613. 

§21-1124. Terms of obligations. 

The funds so borrowed may be evidenced in such manner as the contracting 
parties may determine, by serial coupon bonds or certificates of indebtedness, 
bearing interest at a rate not exceeding four per cent per annum, payable 
annually, and maturing in such annual installments as the parties may agree 
to. the last of which shall mature not more than twenty years from the date 
of the first issue or certificate. 

1942 Code § 5521; 1935 (39) 613. 

§ 21-1125. Deposit and disbursement of funds borrowed. 

All funds borrowed pursuant to the provisions of this article shall be 
deposited with the county treasurer to the credit of the school district and 
expended on the warrant or direction of the trustees only for the specific 
purpose for which such funds have been borrowed. 

1942 Code § 5521; 1935 (39) 613. 

§21-1126. Obligations tax exempt. 

All obligations issued under the terms of this article shall be exempt from 
the payment of all state, county and municipal taxes. 

1942 Code § 5521; 1935 (39) 613. 

150 



§21-1127 



Education 



§21-1127 



§21-1127. Article cumulative. 

The provisions of this article shall be deemed to be cumulative to any au- 
thority or power heretofore conferred upon the county or school districts 
in respect to the subject matter. 

1942 Code § 5521; 1935 (39) 613. 



CHAPTER 19. 
Anderson County. 



Article 1. 
County Board and County Superintendent. 



Sec. 




Sec. 


21-1151. 


Membership of county board. 


21-1191. 


21-1152. 


Board members serve without pay. 




21-1153. 


Meetings of board. 


21-1192. 


21-1154. 


Blank. 




21-1155. 


Blank. 


21-1193. 


21-1156. 


Vacancies in office of superintend- 






ent. 


21-1194. 


21-1157. 


Other personnel. 




21-1158. 


Duties of superintendent. 


21-1195. 


21-1159 


to 21-1161. Blank. 




21-1162. 


Annual inspections by health de- 


21-1196. 




partment. 


21-1197. 


21-1163. 


Correction of defects or other con- 
ditions. 


21-1198. 


21-1164. 


Appeals from county board. 





Article 2. 

School Districts; Attendance; 
Tuition; Facilities. 

21-1171. High school districts. 

21-1172. Board may renumber districts. 

21-1173. Special elections for consolidating 

districts. 
21-1174. Consolidation of school district 

with high school district. 
21-1175. Common school district ceases on 

being consolidated. 
21-1176. Pupils of certain districts to attend 

certain high schools. 
21-1177. Same; exception. 
21-1178. Tuition school districts to pay high 

school district for high school 

pupils. 
21-1179. Tuition high school pupil to pay 

to attend school of his choice. 
21-1180. Tuition elementary pupil to pay to 

attend school of his choice. 
21-1181. Blank. 
21-1182. Blank. 

21-1183. School districts to file annual re- 
ports with board of education. 



Article 3. 
Boards of Trustees. 



Board of trustees for each district; 
powers. 

Number of high school district 
trustees. 

Election and term of high school 
trustees. 

Common school district trustees; 
terms. 

Election of common school trus- 
tees. 

Qualifications of trustees. 

Boards to elect chairmen. 

Vacancies in boards of trustees. 



Article 4. 

Elections. 

21-1211. Dates of elections of trustees. 
21-1212. Qualifications for voting in elec- 
tions. 
21-1213. Conduct of elections. 
21-1214. Tie votes. 
21-1215. Payment of election expenses. 

Article 5. 
Financial Matters Generally. 

21-1221. Budgets. 

21-1222. Borrowing by school districts. 

21-1223. Levy for elementary schools in 
Anderson County. 

21-1224. Levy in Anderson Count3>- for high 
school districts caring for inde- 
pendent district pupils. 

21-1225. Collection of taxes under §§ 21- 
1223 and 21-1224. 

21-1226. Additional levy in Piedmont 
School District No. 23. 

Article 6. 

Sinking Fund Commissions for School 
Districts. 



21-1231. Creation; names. 



151 



§21-1151 Code oe Laws oe South Carolina §21-1158 

Sec. Sec. 

21-1232. Duties of county treasurer. 21-1234. Investment of sinking funds. 

21-1233. General duties and powers of com- 21-1235. Use of funds of commissions. 

missions. 21-1236. School District No. 17 exempted. 

Article 1. 
County Board and County Superintendent. 

§ 21-1151. Membership of county board. 

The county board of education shall be composed of the county super- 
intendent of education, ex officio, and seven other persons who shall be ap- 
pointed by the Governor upon the recommendation of the Senator and at least 
one-half of the members of the House of Representatives from Anderson 
County. 

1951 (47) 253. 

§ 21-1152. Board members serve without pay. 

The members of the county board, except the county superintendent of 
education, shall serve without pay. 

1950 (46) 2131. 

§21-1153. Meetings of board. 

The county board shall hold a regular meeting at least monthly and such 
special meetings as it deems necessary. All meetings shall be open to the 
public. Minutes of all regular and special meetings shall be kept by the 
secretary and filed by him in a permanent record. 

1950 (46) 2131. 

§21-1154. Blank. 
§21-1155. Blank. 

§ 21-1156. Vacancies in office of superintendent. 

Vacancies in the office of county superintendent of Anderson County shall 
be filled by appointment by the county board of education for the unexpired 
term of the appointee's predecessor. 

1950 (46) 2131; 1951 (47) 253. 

§ 21-1157. Other personnel. 

The county board shall employ such other personnel as it deems proper 
in the performance of the duties of the county board and of the superintend- 
ent of education. The salaries of such other personnel appointed by the coun- 
ty board shall be fixed by the board. 

1950 (46) 2131. 

§ 21-1158. Duties of superintendent. 

The county superintendent of education : 

(1) Shall be ex officio a member of the county board, but he shall not exer- 
cise the privilege of voting upon any matters before the county board; 

152 



§21-1159 Education §21-1164 

(2) Shall, in addition to the duties otherwise imposed by law upon him, 
perform such other duties as the county board shall from time to time pre- 
scribe; 

(3) Shall be the executive head and administrative officer of the county 
board and shall effectuate the official policies of the board and from time 
to time recommend to the board such changes in procedure and policies as 
will in his opinion improve the school system in the county ; 

(4) Shall, when in doubt as to his official duty, consult and counsel with 
the county board ; and 

(5) May be removed from office for cause after due written notice and hear- 
ing. 

1950 (46) 2131. 

§21-1159 to 21-1161. Blank. 

§ 21-1162. Annual inspections by health department. 

The Anderson County health department shall make an annual inspection 
of all school buildings and premises in the county and furnish to the trustees 
of each district and to the county board a report of the condition of each such 
building and its premises and recommendations relative to any defects or con- 
ditions which should be corrected. 

1950 (46) 2131. 

§ 21-1163. Correction of defects or other conditions. 

The trustees of the various districts shall proceed forthwith to correct any 
defects or other conditions recommended to be corrected by the health de- 
partment and if such conditions are not corrected the county board shall call 
the trustees of such district before it and require the trustees to show cause 
why such defects or other conditions have not been corrected. If no just 
cause be shown and the county board deems that such recommendations of 
the health department should be carried out and the defects or other con- 
ditions recommended to be corrected should be corrected, the county board 
shall order the trustees of such district to correct such defects or other con- 
ditions within a designated time. If upon the expiration of such designated 
time the trustees have failed to correct such defects or other conditions, the 
county board shall after written notice and a hearing determine which trustees 
wilfully caused such failure. Upon such determination being made the 
county board may revoke the commission of such trustees and thereupon 
their terms of office shall expire and their offices be vacated and the vacancies 
so created shall be filled as soon as practical. 

1950 (46) 2131. 

§ 21-1164. Appeals from county board. 

Appeals from all decisions of the county board shall be to the court of com- 
mon pleas and thence by certiorari to the Supreme Court. 

1950 (46) 2131; 1951 (47) 253. 

153 



§21-1171 Code of Laws of South Carolina §21-1175 

Article 2. 

School Districts; Attendance; Tuition; Facilities. 

§21-1171. High school districts. 

The following school districts in Anderson County are hereby designated 
and constituted high school districts of said county, to wit: 

(1) Anderson, heretofore designated as District No. 17; 

(2) Belton, heretofore designated as District No. 12; 

(3) Gantt (wherein is Honea Path High School), heretofore designated as 
District No. 34; 

(4) Hunter (wherein is Pendleton High School), heretofore designated as 
District No. 24; 

(5) Iva, heretofore designated as District No. 44; 

(6) Lebanon, heretofore designated as District No. 27 ; 

(7) Starr, heretofore designated as District No. 37 ; 

(8) White Plains, heretofore designated as District No. 48; 

(9) Pelzer-AYilliamston, heretofore designated as District No. 20; and 

(10) Townville, heretofore designated as District No. 1. 
1950 (46) 2131. 

§ 21-1172. Board may renumber districts. 

The county board of education of said county, which is hereinafter referred 
to as the county board, may give each of such high school districts a number 
of its own choosing. 

1950 (46) 2131. 

§ 21-1173. Special elections for consolidating districts. 

The county board shall order and hold special elections at such time as it 
deems advisable for proposed consolidations of school districts in said county 
on petitions of the board of trustees of any school district. 

1950 (46) 2131; 1951 (47) 253. 

§ 21-1174. Consolidation of school district with high school district. 

Upon any school district consolidating with one of such high school dis- 
tricts, the territory embraced in the district so consolidating shall become a 
part of the territory embraced in the high school district with which such 
consolidation is made and all property, outstanding bonds and unpaid in- 
terest thereon of the district so consolidating together with all property, out- 
standing bonds and unpaid interest thereon of the district with which consol- 
idation is made shall become the property and obligations of the high school 
district resulting from such consolidation. 

1950 (46) 2131. 

§ 21-1175. Common school district ceases on being consolidated. 

Upon atn- common school district becoming consolidated with a high school 
district such common school district shall cease to exist and the terms of 
office of the trustees thereof shall forthwith expire. 

1950 (46) 2131. 

154 



§21-1176 Education §21-1178 

§ 21-1176. Pupils of certain districts to attend certain high schools. 
The high school pupils of : 

(1) Broyles District No. 57, Morris Shoals District No. 63 and Double 
Springs District No. 68 shall attend Townville High School ; 

(2) Long Branch District No. 33 and Ebenezer District No. 41 shall attend 
Belton High School ; 

(3) Hammond District No. 3, Rock Mills District No. 5, Centerville Dis- 
trict No. 6, Hopewell District No. 7, Gluck District No. 10, McLees District 
No. 52, Concord District No. 66 and Green Pond District No. 69 shall attend 
Anderson High School; 

(4) Zion District No. 53 shall attend Hunter High School ; and 

(5) Marton District No. 15, Honea Path District No. 16, Friendship Dis- 
trict No. 35, Cleveland District No. 36, Bethany District No. 46, Bethel Dis- 
trict No. 55 and Barker's Creek District No. 67 shall attend Gantt High 
School. 

1950 (46) 2131. 

§21-1177. Same; exception. 

The high school pupils of: 

(1) Cedar Grove District No. 30 shall attend Belton High School ; 

(2) Broadaway District No. 11, Flat Rock District No. 38, Shiloh District 
No. 49, Rocky River District No. 59, Neal's Creek District No. 60, Williford 
District No. 62 and Mountain Creek District No. 70 shall attend Anderson 
High School ; 

(3) Beaverdam District No. 56 shall attend Pelzer-Williamston High 
School ; 

(4) Melton District No. 51 shall attend Hunter High School; 

(5) Grove District No. 65 shall attend Starr High School ; 

(6) Corner District No. 13, Hall District No. 14, Good Hope District No. 
43 and Generostee District No. 61 shall attend Iva High School ; 

(7) Mountain View District No. IS, Piercetown District No. 54 and Cross 
Road District No. 31 shall attend White Plains High School ; 

(8) Simpsonville District No. 41 shall attend Piedmont High School ; and 

(9) Saluda District No. 26, St. Paul District No. 4, Three and Twenty Dis- 
trict No. 32, Concrete District No. 19 and Airy Springs District No. 64 shall 
attend Easley High School. 

But no high school district shall be compelled to accept a pupil under the 
provisions of this section if the board of trustees of such high school district 
certifies to the county board that such high school district does not have 
adequate facilities for such pupil and can not take such pupil without prejudice 
to its high school pupils and such action is approved by the county board. 

1950 (46) 2131. 

§21-1178. Tuition school districts to pay high school district for high school 
pupils. 
The districts mentioned in §§21-1176 and 21-1177 shall as a prerequisite 
to the admission of their pupils to the high school under the provisions of said 

155 



§21-1179 Code of Laws of South Carolina §21-1181 

sections pay to the high school district operating- the high school such pupils 
attend an annual tuition fee. Such tuition fee per pupil shall be equal to the 
cost per pupil for operation and maintenance which such high school district 
incurs in its operation, less any amount which such high school district may 
receive for the benefit of such pupil from any county-wide tax levy or State 
aid allocated to the high school the pupil attends. The per pupil benefits 
from such tax levy shall be calculated upon an average attendance basis. 

But no common school district shall be required to supplement more than 
twenty dollars per high school pupil per year for high school pupils sent 
from such common school district to attend any high school in the county. 

1950 (46) 2131; 1951 (47) 253. 

§ 21-1179. Tuition high school pupil to pay to attend school of his choice. 

When a high school pupil in said county desires to attend a high school in 
a district other than the one in which he resides and other than the high 
school which he should attend under other provisions of this chapter, such 
pupil may attend a high school designated by the county board in such chosen 
district upon paying such chosen high school district an annual tuition fee 
equal to the cost per pupil for operation, maintenance and capital outlay which 
such chosen high school district incurs in operating the high schools in its 
district, less the amount of property tax which the pupil and the parents of 
such pupil pay for school purposes to such chosen high school district for 
the respective year. But the county board shall not furnish transportation 
for such pupil and no high school district shall be compelled to accept pupils 
choosing to attend its high school under the provisions of this section if the 
board of trustees of such high school district certifies to the count)' board 
that such high school district does not have adequate facilities for such pupil 
and cannot take such pupil without prejudice to its high school pupils. 

1950 (46) 2131. 

§ 21-1180. Tuition elementary pupil to pay to attend school of his choice. 

Any elementary school pupil choosing to attend an elementary school in 
a district other than the district wherein such pupil resides may do so upon 
paying to the chosen district an annual tuition fee of an amount equal to the 
cost per pupil for operation, maintenance and capital outlay which such chosen 
school district incurs in operating its elementary schools, less the amount 
of property tax which such pupil and the parents of such pupil pay for school 
purposes to such chosen district for the particular \ r ear. But the county 
board shall not furnish transportation for such pupil and no common school 
district shall be compelled to take such pupil from an outside district if the 
board of trustees of the chosen district certifies to the county board that facil- 
ities for taking such pupil are not adequate and such pupil cannot be taken 
without prejudice to the pupils of its district. 

1950 (46) 2131. 

§21-1181. Blank. 

156 



§21-1182 Education §21-1192 

§21-1182. Blank. 

§21-1183. School districts to file annual reports with board of education. 

The trustees of all school districts in Anderson Count} - having more than 
three trustees or having a State accredited high school therein shall, annually, 
within thirty days after the closing of the fiscal year, file written annual re- 
ports to the county board of education of said county. All such reports re- 
ceived by said county board of education shall be available for inspection by 
any taxpayer of the school district for which such report is made. Such re- 
ports shall show the names of the teachers and other employees of the schools 
in the school district for which the report is made, the amounts paid such 
teachers and employees, payments made on buildings and other permanent 
improvements, current expenditures and all other disbursements made by 
the school district and also shall show total moneys received by the school 
district. Such receipts and disbursements shall be for the previous fiscal year. 
Any trustee or other person violating the provisions of this section shall be 
guilty of a misdemeanor and shall be punished by a fine not exceeding one hun- 
dred dollars or by imprisonment not exceeding thirty days, within the dis- 
cretion of the court. 

1948 (45) 1704. 

Article 3. 
Boards of Trustees. 

§ 21-1191. Board of trustees for each district ; powers. 

Each school district in the county shall be under the management and 
control of a board of trustees which shall have the powers and authority 
otherwise provided by law, except as may be otherwise provided in this 
chapter. 

1950 (46) 2131. 

§ 21-1192. Number of high school district trustees. 

The boards of trustees of the various high school districts in the county 
shall be constituted as follows : 

(1) In those districts which had a total enrollment on May 24 1950 in all 
elementary schools and high schools within the district of less than three 
thousand pupils, the board of trustees shall consist of five members; 

(2) In those districts which had on said date a total enrollment in all 
elementary schools and high schools within the district of three thousand 
pupils or more but less than six thousand pupils, the board of trustees shall 
consist of seven members ; and 

(3) In those districts which had an enrollment on said date in all elemen- 
tary schools and high schools within the district of six thousand pupils or 
more, the board of trustees shall consist of nine members. 

1950 (46) 2131. 

157 



§21-1193 Code of Laws of South Carolina §21-1195 

§ 21-1 193. Election and term of high school trustees. 

Unless otherwise herein provided the trustees of high school districts shall 
be elected by the electors of their respective districts. The terms of office 
of such trustees shall be six years, except that the trustees who were trustees 
of each of such districts on May 1 1950 shall hold office only until the expira- 
tion of the terms for which they were originally elected and the terms of 
office of any additional trustees elected for such boards subsequent to such 
date and of the first elected successors to said trustees who were trustees on 
said date shall be for such time not to exceed six years as the county board may, 
in order that the terms of office of the trustees of each high school district 
shall stagger and expire at reasonable intervals, designate before or within ten 
days after the election of such trustees. 

The successors to the present high school district trustees shall be elected 
by the qualified electors of their respective high school districts at special 
elections ordered and held by the boards of trustees of the respective high 
school districts. But the filling of vacancies for unexpired terms shall be 
made by appointment as provided in § 21-1198. 

1950 (46) 2131. 

§ 21-1194. Common school district trustees; terms. 

The board of trustees of each common school district which has not con- 
solidated with a high school district shall consist of three members. The 
terms of office of such trustees shall be six years; provided, that their initial 
terms of office after the expiration of the terms of the trustees who were 
trustees on May 1 1950 shall, in order that the terms of office of the trustees 
of each of such districts may stagger and expire at reasonable intervals, be of 
such length not to exceed six years as the county board may designate either 
before or within ten days after the selection of the trustee. The trustees who 
were trustees on May 1 1950 shall continue in office until the expiration of 
their respective terms. 

1950 (46) 2131. 

§ 21-1195. Election of common school trustees. 

The trustees of common school districts shall be elected by tire qualified 
electors of their respective districts at special elections ordered and held by 
the county board for that purpose, except (a) that the filling of vacancies 
for an unexpired term shall be made by appointment as provided in § 21-1198 
and (b) in the event a majority of the qualified electors of any common school 
district shall, not more than sixty and not less than thirty days before the 
date for an election of a common school district trustee, petition the county 
board for the trustee to be appointed rather than elected the county board 
may appoint the trustee and dispense with the election thereof. 

1950 (46) 2131. 



158 



§21-1196 Education §21-1212 

§ 21-1196. Qualifications of trustees. 

A trustee of any school district, common school district or high school 
district, shall reside within his district and shall be a qualified elector. 

1950 (46) 2131. 

§21-1197. Boards to elect chairmen. 

The board of trustees of each common school district and each high school 
district shall have one of its members as chairman to be selected by the mem- 
bers of the board. 

1950 (46) 2131. 

§ 21-1198. Vacancies in boards of trustees. 

In case of a vacancy in the membership of the board of trustees of any com- 
mon school district such vacancy shall be filled by appointment by the 
county board for the unexpired term of the appointee's predecessor. In case 
of such vacancy in the membership of the board of trustees of any high school 
district such vacancy shall be filled by appointment for the unexpired term by 
the remaining trustees of such high school district. 

1950 (46) 2131. 

Article 4. 

Elections. 

§ 21-1211. Dates of elections of trustees. 

Elections for trustees of school districts shall be held on the second Tues- 
day of January of the year in which the trustee elected is to take office, except 
that if, ninety days before such second Tuesday in January, a majority of the 
trustees of the district of which a trustee is to be elected shall petition the 
county board for the election to be held on a different date the county board 
may order the election to be held on such different date. 

1950 (46) 2131. 

§ 21-1212. Qualifications for voting in elections. 

At all elections held under the provisions of this chapter only registered 
qualified electors shall vote and the voter must have been a resident of the 
district in which he votes for at least three months immediately prior to the 
election. The production of a valid registration certificate showing the voter 
to be a registered elector in the county shall entitle a person to vote in such 
elections if the voter takes the oath herein required. There shall be no need for 
the registration books of the county to be closed thirty days before elections 
held under the provisions of this article and no provisions of law requiring 
such closing of registration books and requiring 1 a voter to be registered any 
specified length of time before an election shall apply to elections held under 
the provisions of this chapter. The oath of voters in such elections shall be 
as follows: "I swear (or affirm) that I am a resident of this school district 
and have been such resident for at least three months, that I have not voted in 
this election and that I am qualified to vote in this election." 

1950 (46) 2275. 

159 



§ 21-1213 Code of Laws of South Carolina § 21-1215' 

§21-1213. Conduct of elections. 

In all elections held under the provisions of this chapter the board desig- 
nated to order and hold the election shall make the necessary preparation for 
the holding of the elections, designate the voting place or places in each 
district wherein the elections are held, give notice of the time, places of vot- 
ing and purpose of the election by advertising in one or more newspapers 
of general circulation published in the county once a week for three consecu- 
tive weeks next prior to the election and appoint three or more managers to 
conduct the election at each voting place. For elections relative to the con- 
solidation of school districts such advertising shall be in all newspapers of 
general circulation published in the county. 

The polls of the elections shall open at eight o'clock A. M. and close at six 
o'clock P. M. of the day of the election. The ballots used in all elections held 
under the provisions of this chapter may or may not have thereto attached 
stubs to be detached and retained by the managers of the election. In any 
election held for the purpose of electing a trustee the board ordering and 
holding the election shall furnish a sufficient number of ballots at the voting 
place or places in the district wherein the election is held, with plainly writ- 
ten or printed thereon the names of all known candidates for trustee of the 
district, a statement showing the number of trustees to be elected by the 
election and such instructions to the voter as to voting the ballot as it may 
deem proper. The managers of an election held under the provisions of this 
chapter shall supervise the voting at their respective voting places, canvass 
the ballots cast and within twenty-four hours after the closing of the polls 
file a certificate as to the result together with the ballots cast with the board 
which ordered and held the election. 

1950 (46) 2131. 

§21-1214. Tie votes. 

If in any election for a trustee under the provisions of this chapter one or 
more trustees are not elected by reason that two or more parties receive 
the same number of votes, the county board shall cast a ballot or ballots if 
necessary to break such tie and insure the election of a trustee of the district. 
In voting such ballot the county board shall not vote for any person except 
those who received a tie vote in the election. In such case a ballot cast by 
the county board shall be counted and have the same effect as if a voter in 
the election had cast it, except that it shall not affect the standing or election 
of a person who received more votes than the tieing parties. 

19S0 (46) 2131. 

§ 21-1215. Payment of election expenses. 

The expenses of the elections held under the provisions of § 21-1173 shall be 
paid by the county board from any available funds. The expenses of elec- 
tions held for the purpose of electing trustees of high school districts shall 
be paid by the respective high school districts. The expenses of elections 

160 



§21-1221 Education §21-1224 

held for the purpose of electing trustees of common school districts shall 
be paid by the county board from any available funds. 
1950 (46) 2131. 

Article 5. 

Financial Matters Generally. 
§21-1221. Budgets. 

The county board shall annually prepare a budget for the following fiscal 
year including the necessary costs of conducting the operations of its office 
and the office of the county superintendent of education, the county-wide levies 
herein provided for and such other items relative to the operation of the 
educational system of the county as it deems advisable and shall submit such 
budget to the county legislative delegation. 

1950 (46) 2131. 

§ 21-1222. Borrowing by school districts. 

The county treasurer of Anderson County, upon written request from the 
school trustees of any school district in his county, endorsed by the super- 
intendent of education of said county, may, in anticipation of taxes for any 
year, borrow for ordinary school purposes in such school district an amount 
not exceeding ninety per cent of the amount that would be raised by the 
tax levy for such year, at a rate of interest not to exceed eight per cent per 
annum. And as security for the payment of such loan the county treasurer 
may pledge the taxes to be collected for such school district for such year. 
The proceeds arising from any loan made hereunder shall be used solely for 
the payment of ordinary school expenses in keeping schools open in the re- 
spective school districts in said county until such schools can realize from the 
collection of taxes. 

1942 Code § 5525; 1932 Code § 5511; 1923 (33) 517. 

§ 21-1223. Levy for elementary schools in Anderson County. 

There shall be an annual levy of seven mills on the dollar of all taxable 
property in Anderson Count)' and the money derived therefrom shall be 
placed to the credit of the county board of education and by the county board 
distributed among the elementary schools of said county on the average at- 
tendance basis of elementary school pupils. Such money received by an 
elementary school shall be used solely to pay expenses for the operation of 
the school. 

1950 (46) 2131; 1951 (47) 2131. 

§ 21-1224. Levy in Anderson County for high school districts caring for inde- 
pendent district pupils. 
There shall also be an annual levy of thirteen mills on the dollar of all taxable 
property in Anderson County and the money derived therefrom shall be placed 
to the credit of the county board of education and by the board distributed 
among the high schools of the count)- on the average attendance basis of 

{3 SC Code] — II 161 



§21-1225 Code of Laws of South Carolina §21-1232 

high school pupils, to help defray the expenses of the high school districts in 
caring for the high school pupils who are sent into such high school districts 
from independent common school districts. But such independent common 
school districts shall be required to pay the tuition fee as set forth in § 21-1178 
if the amount of funds received from this levy shall be insufficient to defray the 
expenses of the high schools insofar as their operation and maintenance cost 
is concerned. 

1950 (46) 2131; 1951 (47) 253. 

§ 21-1225. Collection of taxes under §§ 21-1223 and 21-1224. 

All taxes provided by §§ 21-1223 and 21-1224 to be levied shall be levied 
by the auditor of Anderson County and shall be collected by the treasurer of 
said county in like manner as other taxes are collected. 

1950 (46) 2131. 

§ 21-1226. Additional levy in Piedmont School District No. 23. 

In addition to the levies otherwise provided for by law within Piedmont 
School District No. 23 in Anderson County, the county officers of said county 
who are charged with the duty of levying and collecting taxes therein shall 
annually levy and collect a tax of twelve mills in said school district for 
operating costs of the schools in the district. As such taxes are collected 
they shall be placed to the credit of the trustees of Piedmont School District 
in the county treasury and shall be expended by the board on warrants drawn 
thereon for the purposes aforesaid. If the board of trustees of Piedmont 
School District finds that a levy of twelve mills is not necessary to meet the 
operating expenses of the schools in the district it shall notify the county 
auditor to that effect, and of the desired millage, and the auditor shall thereupon 
levy the millage requested for such year. 

1951 (47) 247. 

Article 6. 
Sinking Fund Commissions for School Districts. 

§21-1231. Creation; names. 

There is hereby created for each school district of Anderson County a sink- 
ing fund commission consisting of the county superintendent of education, 
the county treasurer and the members of the board of trustees of the school 
district. The name of each commission shall be "Sinking Fund Commission 
of School District No. — , Anderson Count}'," in which name shall be in- 
serted the appropriate school district number. 

1942 Code § 5525-1; 1939 (41) 44. 

§ 21-1232. Duties of county treasurer. 

The treasurer of Anderson County shall, as funds are collected by him for 
the benefit of the sinking fund of each district, transfer and deliver the same 
to the sinking fund commission thereof. 

1942 Code § 5525-1; 1939 (41) 44. 

162 [3SCCode] 



§21-1233 Education §21-1235 

§ 21-1233. General duties and powers of commissions. 

The sinking fund commission of each school district shall have the exclusive 
management and control of the funds and assets constituting the sinking fund 
of such district. All deposits of such funds shall be in the name of such com- 
mission and all withdrawals shall be by check signed by the superintendent 
of education, the county treasurer and a majority of the members of the board 
of trustees of the school district. All securities held by such commission shall 
be safely kept under the joint control of the superintendent of education, the 
county treasurer and a majority of the members of such board of trustees. 
The county treasurer shall be ex-officio chairman of each such commission, 
and the superintendent of education shall be ex-officio secretary of each such 
commission. Each commission shall have the right to adopt rules regulating 
its meetings and each commission shall keep an accurate record of all of its 
acts, funds and investments. 

1942 Code § 5525-1; 1939 (41) 44. 

§ 21-1234. Investment of sinking funds. 

Such commission may invest the funds so held by it in any one or more of 
the following manners, to wit : 

(1) By deposit (a) in some banking institution, the deposits in which are 
protected by the Federal Deposit Insurance Corporation, or (b) in the United 
States post office ; 

(2) By purchase of bonds issued by such school district, provided the pur- 
chase price of such bonds does not exceed par and accrued interest ; 

(3) By purchase of United States bonds or certificates or other securities ; 

(4) By purchase of bonds or other general obligations of this State or any 
of its political subdivisions or; 

(5) By deposits in or purchase of paid-up stock of building and loan asso- 
ciations or federal savings and loan institutions wherein such deposits or 
paid-up stock investments are protected by membership in the Federal Sav- 
ings and Loan Insurance Corporation ; 

Provided that the amount of deposits in any banking institution or the 
amount of deposits in or the purchase of paid up stock of any building and 
loan association or federal savings and loan institution shall not exceed the 
amount of protection available to the depositor or the purchaser of such stock 
under the laws of the United States. 

Any such commission may change the form of any investment at any time 
and as often as it ma}- deem proper and may sell, collect and sue at law and 
in equity in its official name, and shall have all other powers as may be reason- 
ably necessary to protect and properly manage and control such funds and 
assets. 

1942 Code § 5525-1; 1939 (41) 44. 

§ 21-1235. Use of funds of commissions. 

The sinking fund commission of each school district shall apply the funds 
under its control to the payment of the bonds of such district as they severally 
mature, and interest thereon, for the payment of which such funds are col- 

163 



§21-1236 Code of Laws of South Carolina §21-1252 

lected, and when all bonds and interest have been paid any funds thereafter 
remaining shall be transferred to the general funds of the school district. 
1942 Code § 5525-1; 1939 (41) 44. 

§ 21-1236. School District No. 17 exempted. 

The provisions of this article shall not apply to School District No. 17 of 
Anderson County. 

1942 Code § 5525-1; 1939 (41) 44. 



CHAPTER 20. 
Bamberg County. 

Sec 

21-1251. Budgets for school districts. 
21-1252. Levy of tax to provide for budgets. 

§ 21-1251. Budgets for school districts. 

On or prior to April 15th of each year the auditor of Bamberg County 
shall prepare and file with the county board of education a statement show- 
ing the assessed valuation of property for taxation, including the number 
of polls assessed, in each of the several school districts of said county. If 
the auditor has not then received the Tax Commission's certification of 
merchants and corporations assessed values, he may use the figures certified 
by the Tax Commission for the preceding year. The superintendent of 
education of said county shall, not later than the 1 5th day of April of each 
year, furnish the various boards of trustees itemized statements of the re- 
ceipts and expenditures, including the outstanding indebtedness owing at 
the time, of their respective districts for the ensuing scholastic year. And 
based upon the information obtained as aforesaid, the superintendent and 
county board of education and the several boards of trustees shall formu- 
late budgets for their respective school districts for the next scholastic year 
and determine the number of mills necessary to be levied to meet the re- 
quirements set forth in such budgets. The budget for each district shall 
be signed by a majority of the trustees thereof and be approved by the 
county board of education and filed in the office of the superintendent of 
education, who shall certify copies thereof to the auditor and treasurer of said 
county on or before June 1st of each year. 

1942 Code § 5529; 1932 Code § 5317; 1931 (37) 516. 

Cross reference. — As to routes for locally 
owned school busses, see § 21-806. 

§ 21-1252. Levy of tax to provide for budgets. 

The auditor of Bamberg County shall levy a sufficient tax each year against 
all the taxable property in the school districts of said county to meet the re- 
quirements of the budgets for the respective school districts provided for and 
filed with him under the provisions of § 21-1251. And the superintendent 

164 



§21-1351 Education §21-1355 

of education of said county shall not approve any warrant for the payment of 
any expenditure in excess of the budgets provided for in said section. 
1942 Code § 5529; 1932 Code § 5317; 1931 (37) 516. 

Cross reference. — As to routes for local- 
ly owned school busses, see §21-806. 



Sec. 




21-1357. 


Deposit and disbursement of bor 




rowed funds. 


21-1358. 


Blank. 


21-1359. 


Levy of taxes to liquidate indebt 




edness. 


21-1360. 


Blank. 


21-1361. 


Penalties. 



CHAPTER 21. 

Barnwell County. 

Sec. 
21-1351. Election of trustees now chosen 

otherwise than by election. 
21-1352 to 21-1354. Blank. 
21-1355. School trustees to prepare budgets 

for elementary schools. 
21-1356. Prerequisites to borrowing by 

school districts. 

§ 21-1351. Election of trustees now chosen otherwise than by election. 

In any school district in Banned! County in which school trustees are now 
chosen otherwise than by election, upon the petition of fifty-five per cent 
or more of the qualified electors in such school district, the board of educa- 
tion of said county shall order an election for school trustees to be held in 
such school district. At such election the qualified electors of such school 
district shall elect from among- their number three trustees of such school 
district, one of whom shall serve for one year, one for two years and one 
for three years, the trustees elected to decide by lot the term of office of each 
at their first meeting- after such election. The election so ordered shall 
be held on the second Tuesday in April following the filing of such petition, 
and annually thereafter one trustee shall be elected in like manner to suc- 
ceed the trustee whose term expires in that year. The count}' superintend- 
ent of education shall give at least two weeks' notice of such election in 
some newspaper of widest circulation in the county and shall appoint three 
managers of the election who shall certify to the superintendent of education 
the result of the election. But no irregularity in the notice or appointment of 
managers shall in any way defeat the election, if held on the date above pro- 
vided. The trustees shall perform all the duties and exercise all the powers 
now conferred by law on school trustees within said district. 

1942 Code § 5533; 1938 (40) 1751. 

§§21-1352 to 21-1354. Blank. 

§ 21-1355. School trustees to prepare budgets for elementary schools. 

On or before the 1st day of June in each year the several boards of trustees 
of the several school districts in Bartnvcll County, with the aid and assistance 
of the superintendent of education of said county, shall each prepare a budget 
or estimate of the cost of operating and maintaining the elementary schools 

165 



§21-1356 Code of Laws of South Carolina §21-1360 

in their respective school districts for and during the next school year. Cer- 
tified copies of the budgets or estimates so made shall be forthwith filed with 
the auditor and treasurer of Barnwell County and said auditor and treasurer 
shall lev}- and collect a tax upon all of the taxable property in the respective 
school districts sufficient to raise the amount of money shown by such budgets 
to be necessary for the operation and maintenance of the elementary schools 
in the several school districts. 
1947 (45) 161. 

§ 21-1356. Prerequisites to borrowing by school districts. 

It shall be unlawful for the trustees of any school district in Barnwell 
County to borrow any money for any purpose or create any indebtedness 
for and in behalf of their school district unless such loan or indebtedness has 
been first approved by the county board of education, the treasurer of Barnwell 
County and the county auditor. Before any application is approved it must 
be certified by the county board of education, county treasurer and county 
auditor that granting such application will not create a deficit and that the 
income from such school district will be sufficient to pay the current operating 
expenses of the district for the current year and retire the indebtedness when 
due. 

1943 (43) 146. 

This section is a limitation upon the bor- tion. Craig v. Bell, 211 S. C. 473, 46 S. E. 
rowing of money, rather than an authoriza- (2d) 52 (1948). 

§ 21-1357. Deposit and disbursement of borrowed funds. 

All funds borrowed by any school district in Barnwell County shall be de- 
posited with the county treasurer to the credit of the proper district, and all 
such funds shall be disbursed as required for the disbursement of other school 
district funds. 

1947 (45) 39. 

§21-1358. Blank. 

§ 21-1359. Levy of taxes to liquidate indebtedness. 

Whenever at the close of any fiscal year of any school district in said county 
the county treasurer and county superintendent of education shall find that 
any school district has incurred a deficit in its operations or has any general 
indebtedness not otherwise provided for by law, the treasurer and super- 
intendent of education shall notify the county auditor of Barnwell County 
of the aggregate amount of such deficit and indebtedness and the auditor 
shall levy a sufficient tax upon the assessed property of such district during 
the next fiscal year to provide funds to pay such deficit and indebtedness. 

1943 (43) 146. 

§21-1360. Blank. 

166 



§21-1361 



Education 



§21-1406 



§21-1361. Penalties. 

Any person violating the provisions of §§ 21-1356 or 21-1359 shall be guilty 
of a misdemeanor and upon conviction shall be subject to a fine of two hundred 
and fifty dollars or to confinement for sixty days upon the public works of 
Bannucll County. 

1943 (43) 146. 



CHAPTER 22. 
Beaufort County. 



Sec. 

21-1401. Board governing body of public 
school system. 

21-1402 to 21-1404. Blank. 

21-1-105. Officers and meetings. 

21-1406. Compensation. 

21-1407. Appointment and term of county 
superintendent. 

21-1408. Other personnel. 

21-1409. General duties and powers of 
board. 

21-1410. Joint operation of schools with ad- 
jacent counties. 

21-1411. School terms. 

21-1412. Duties of superintendent. 

21-1413. Superintendent to publish expendi- 
tures. 



Sec. 

21-1414. Record of former district bound- 
aries. 

21-1415. District boards of trustees. 

21-1416. Organization and meetings. 

21-1417. Compensation of trustees. 

21-1418. Duties of trustees; employment of 
personnel. 

21-1419. Repair or construction of facilities. 

21-1420. Budgets. 

21-1421. Board to certify to legislative dele- 
gation budget and tax levy. 

21-1422. Allocation of tax receipts. 

21-1423. Credit and transfer of funds. 

21-1424. Special tax levies. 

21-1425. Tax levies to pay district debts. 



§ 21-1401. Board governing body of public school system. 

The county board of education shall be the governing board and central 
authority of the Beaufort County public school system. 

1950 (461 2457. 

§§ 21-1402 to 21-1404. Blank. 

§21-1405. Officers and meetings. 

At the January meeting of the county board of education following each 
election year the board shall organize by electing from its membership a 
chairman, a vice-chairman and a secretary. The board shall hold regular 
monthly meetings on such regular date as may be determined by the board 
and on such other dates as may be considered necessary by the chairman or a 
majority of the board. 

1950 (46) 2457. 



§21-1405. Compensation. 

Members of the board shall receive a per diem for attendance at board 
meetings, not to exceed one hundred and fifty dollars in any one year, and 
travel expense incurred in attending meetings and in carrying on official 
business of the board at the rate of five cents per mile. 

1950 (46) 2457. 

167 



§21-1407 Code of Laws of South Carolina §21-1413 

§ 21-1407. Appointment and term of county superintendent. 

The county board of education of Beaufort County shall employ a county 
superintendent of education who shall serve for an initial term of four years 
and thereafter at the pleasure of the board. The minimum qualification for 
the county superintendent of education shall be a college degree and actual 
experience as an educator. The present superintendent of education shall 
hold office until the expiration of his present term on June 30 1953. 

1950 (46) 2457. 

§21-1408. Other personnel. 

The county board of education shall, upon nomination of the county super- 
intendent of education, employ all other personnel necessary for the efficient 
operation of school services operated by the county board of education for the 
benefit of the school system of the county as a whole. 

1950 (46) 2457. 

§ 21-1409. General duties and powers of board. 

The county board of education shall have general supervision of all phases 
of the public school program in Beaufort County except as may be otherwise 
vested by this chapter in boards of trustees of local school districts. 

1950 (46) 2457. 

§ 21-1410. Joint operation of schools with adjacent counties. 

The county board of education is hereby vested with all the powers and 
duties in connection with the joint operation of schools with adjacent coun- 
ties devolved prior to June 16 1950 upon the county superintendent of educa- 
tion and the county board of education. 

1950 (46) 2457. 

§21-1411. School terms. 

The county board of education shall annually determine the length of the 
school term for each and every school in the county. 

1950 (46) 2457. 

§ 21-1412. Duties of superintendent. 

The county superintendent of education shall be the executive and admin- 
istrative officer of the county board of education. He shall effectuate the 
official policies of the board and recommend to the hoard from time to time 
such changes in procedure and policy as will, in his opinion, improve the 
school system in the county. He shall consult with the board when in doubt 
as to his official duty. 

1950 (46) 2457. 

§ 21-1413. Superintendent to publish expenditures. 

The superintendent of education of Beaufort County shall publish in a 
newspaper of general circulation in the county, on or about the first day of 
January, April, July and October of each year, an itemized statement of all 

168 



§21-1414 Education §21-1418 

moneys expended or disbursed by his office. Such statement shall contain 
the amount expended, the date of the expenditure, to whom paid and for 
what purpose. The cost of publication of such statements shall be paid by 
the county superintendent of education out of school funds. 
1942 Code § 5534; 1932 Code § 5329; 1931 (37) 542. 

§ 21-1414. Record of former district boundaries. 

The area formerly comprising Beaufort School District No. 1, Sheldon 
School District Xo. 3, St. Helena School District Xo. 5 and Ladies Island 
School District No. 7 having been consolidated and officially designated as 
Beaufort County School District Xo. 1 and the area formerly comprising 
Bluffton School District Xo. 2, Hilton Head School District Xo. 4 and Hardee- 
ville School District Xo. 6 having been consolidated and officially designated 
as Beaufort County School District Xo. 2, the county board of education shall 
maintain a record of the boundary of such of said former school districts as 
had outstanding bonded indebtedness until such indebtedness shall have been 
liquidated. 

1950 (46) 2457. 

§ 21-1415. District boards of trustees. 

In each of the two school districts mentioned in § 21-1414 there shall be a 
board of trustees of five members who shall be appointed by the county 
board of education. At least one trustee in each district shall hold a degree 
conferred by a recognized college or university. The members of the boards 
of trustees (other than certain of those first appointed who served for two 
years only) shall serve for four years. 

1950 (46) 2457. 

§ 21-1416. Organization and meetings. 

Each board of trustees shall elect its own chairman, vice-chairman and 
secretary every two years. Each board of trustees shall hold regular monthly 
meetings on such regular date as may be determined by the board and on 
such other dates as may be considered necessary by the chairman or a ma- 
jority of the board. 

1950 (46) 2457. 

§ 21-1417. Compensation of trustees. 

Members of the boards of trustees shall receive a per diem for attendance 
at board meetings, not to exceed one hundred and fifty dollars in any one 
year, and travel expenses incurred in attending meetings and in carrying on 
official business of the boards at the rate of five cents per mile. 

1950 (46) 2457. 

§ 21-1418. Duties of trustees ; employment of personnel. 

The trustees of each of the two school districts shall have responsibility for 
all phases of the school program in their respective school districts except as 
such responsibility may be vested by law in the county board of education. 

169 



§21-1419 Code of Laws of South Carolina §21-1422 

Each board shall employ the personnel required for the operation of the schools, 
but the employment of the district superintendent shall be subject to approval 
by the county board of education. 
1950 (46) 2457. 

§ 21-1419. Repair or construction of facilities. 

The respective boards of trustees of the two school districts shall be re- 
sponsible for the repair, renovation or construction of all school facilities 
except that all repairs, renovation or construction shall first be approved by 
the county board of education before the work is done or any contract therefor 
let. 

1950 (46) 2-457. 

§21-1420. Budgets. 

On or before February 15 of each year the board of trustees of each of the 
two districts shall submit to the county board of education a proposed budget 
for the operation of the schools in its district for the ensuing year, which 
shall be itemized in such form and detail as the county board may require. 
The county board may revise proposed budgets in any particular if necessary 
to maintain a balanced school program. 

1950 ("46) 2457. 

§ 21-1421. Board to certify to legislative delegation budget and tax levy. 

On or before March 1st of each year the county board of education shall 
certify to the county legislative delegation the proposed budget for the oper- 
ation of schools in the county for the next fiscal year, with the recommendation 
of the property tax levy, if any, necessary to provide the funds to meet such 
budget. 

1950 (46) 2457. 

§ 21-1422. Allocation of tax receipts. 

The county board of education shall annually provide for the allocation 
of the proceeds of the county-wide tax in the following manner: 

(1) A portion of the proceeds of such tax shall be allotted for the necessary 
expenses, not otherwise provided for, of the office of county superintendent of 
education, including personnel, and such school services as are operated 
directly under the county board of education for the benefit of the school 
system of the county as a whole ; 

(2) A portion of the proceeds of such tax shall be allotted for the purpose 
of financing a uniform minimum county-wide schedule of supplements to the 
State aid salary schedule for teachers, if such supplement is necessary and 
proper and the school budget is approved by the county legislative delegation ; 
and 

(3) A portion of such tax shall be allotted to each of the two school dis- 
tricts for current operating expense not otherwise provided for herein, the 
basis of allotment to be determined by the board and to be uniformly applied 
in each of the two school districts. 

1950 (46) 2457. 

170 



§21-1423 Education §21-1425 

§ 21-1423. Credit and transfer of funds. 

Funds collected or received by the county treasurer for school purposes 
shall be recorded as follows : 

(1) State and federal funds shall be credited directly to the district or county 
board of education, as the case may be, for which remitted ; and 

(2) Proceeds of the uniform county-wide tax for operating purpose shall be 
credited to the county board of education. 

The county board of education shall certify to the county treasurer the 
apportionment of the proceeds of the uniform county-wide tax for operating 
purposes between the two local school districts and when so notified the county 
treasurer shall make transfers from the county board account to the local 
school district accounts in accord with such apportionment. 

1950 (46) 2457. 

§21-1424. Special tax levies. 

If the anticipated revenue from all sources is not sufficient to finance the 
approved budget of a local school district, the board of trustees may recom- 
mend to the county board of education the additional special levy required. 
The county board of education shall submit such recommendation to the 
county legislative delegation along with its recommendation. Any special 
levy shall be applied only to the property of the particular district concerned. 
Proceeds of such a special levy shall be credited directly to the account for 
that district. 

1950 (46) 2457. 

§ 21-1425. Tax levies to pay district debts. 

If future bonded or other indebtedness for permanent construction is in- 
curred, to be paid by taxation upon District No. 1 or District No. 2, such 
district shall assume all outstanding bonded or other indebtedness for per- 
manent improvements existing on June 16 1950 upon any of the old districts 
consolidated into either District No. 1 or District No. 2, so that if taxes are 
hereafter levied upon the property of either or both such consolidated school 
districts the levy for past and future indebtedness shall be uniform over the 
entire district. 

1950 (46) 2457. 



171 



§21-1451 



Code of Laws of South Carolina 



§21-1452 



CHAPTER 23. 
Berkeley County. 



Article 1. 

General Provisions. 
Sec. 
21-1451. County board of education. 
21-1452. Additional duties and powers of 

board of education. 
21-1453. Blank. 
21-1454. Employment of teachers and other 

employees. 
21-1455. Blank. 

21-1456. Contracts of teachers et al. 
21-1457. Blank. 
21-145S. Blank. 

21-1459. Enrollment of school children. 
21-1460. Blank. 
21-1451. School budgets. 
21-1462. Annual tax. 

Article 2. 

Election of School Trustees. 

21-1471. General provisions for election. 
21-1472. Procedure when no election held. 
21-1473. Vacancy. 

Article 3. 
Trustees in Certain Districts. 

21-1481. Provisions for appointment. 
21-1482. When such trustees elected. 
21-1483. Term of office of trustees. 
21-1484. Vacancies. 



Article 4. 

Bonneau High School District. 
Sec. 
21-1491. Creation. 
21-1492. Trustees. 

Article 5. 

Cross High School District. 

21-1501. Creation. 

21-1502. Privileges of district. 

21-1503. Trustees. 

Article 6. 

Macedonia High School District. 

21-1511. Creation. 
21-1512. Trustees. 

Article 7. 

St. Stephens High School District. 

21-1521. Creation. 

21-1522. Trustees; decision of tie votes. 
21-1523. Powers of trustees; bond election. 
21-1524. Entity of constituent school dis- 
tricts not impaired. 

Article 8. 

School District No. 26. 

21-1531. Created; corporate powers; trus- 
tees. 



Article 1. 

General Provisions. 

§ 21-1451. County board of education. 

In Berkeley County the county board of education shall be composed of seven 

members, one of whom shall be the county superintendent of education, three 

of whom shall be appointed by the State Board of Education, and three of 

whom shall be appointed by the Governor upon the recommendation of a 

majority of the county legislative delegation. The term of office for the three 

members appointed by the Governor shall be for a period of four years and 

until their successors shall be appointed and qualified. 

1942 Code § 5316; 1932 Code § 5335; Civ. C. '22 § 2588; Civ. C. '12 § 1729; Civ. C. '02 
§ 1199; 1897 (21) 516; 1920 (31) 958, 1068; 1921 (32) 130; 1928 (35) 1249; 1929 (36) 282; 
1930 (36) 1378; 1931 (37) 62, 389; 1948 (45) 1634. 



§ 21-1452. Additional duties and powers of board of education. 

The county board of education of Berkeley Count)", in addition to the powers 
and duties now vested in or exercised by county boards of education as pro- 

172 



§ 21-1453 Education § 21-1459 

vided in the general school law shall be vested with the powers and authority 
and shall perform the duties hereinafter provided. 
1942 Code § 5537; 1932 (37) 1197. 

§ 21-1453. Blank. 

§ 21-1454. Employment of teachers and other employees. 

The boards of trustees of the several school districts in said county shall 
employ teachers and other necessary employees for their respective districts, 
except in the case of high school teachers and other employees serving such 
high schools, in which case they shall be employed by the several boards of 
high school trustees. But no board of trustees shall have the right to fix the 
salary or term of employment for any teacher or other employee except as 
hereinafter provided. 

1942 Code § 5537-3; 1932 (37) 1197; 1951 (47) 752. 

§ 21-1455. Blank. 

§ 21-1456. Contracts of teachers et al. 

When the trustees of any school district have employed any teacher or 
other employee the contract shall be in writing and in duplicate and one 
copy thereof shall be filed ivith the superintendent of education of said 
county and he shall make a record thereof in a book kept by him for that 
purpose, which shall be a public record and shall constitute due notice thereof 
the same as under the recording acts. But no salary or term of employment 
shall be fixed for such teacher or employee until the school budget has been 
passed and approved for the ensuing or current year of employment and then 
such salary and term of employment shall be determined by and according 
to the amount approved therein. 

1942 Code § 5537-4; 1932 (37) 1197. 

§21-1457. Blank. 
§21-1458. Blank. 

§ 21-1459. Enrollment of school children. 

Children attending the free public schools of Berkeley County shall be en- 
rolled in the district in which they reside regardless of the school they may 
attend. The school authorities in the school attended by such pupils shall 
furnish the school authorities of the school in the district in which such chil- 
dren reside with proper information as to such enrollment and the average 
daily attendance. Upon failure so to do the person so required to perform 
this duty shall be guilty of a misdemeanor and upon conviction shall be sub- 
ject to a fine of not less than five dollars nor more than fifty dollars or shall 
serve not less than five nor more than fifteen days' imprisonment. This 
section shall not apply to any pupil beyond the fourth grade. 

1942 Code § 5539; 1934 (38) 1207; 1944 (43) 1376. 

173 



§21-1460 Code of Laws of South Carolina §21-1471 

§21-1460. Blank. 

§ 21-1461. School budgets. 

The trustees of all school districts in Berkeley County, the county board of 
education and the county legislative delegation shall furnish to the auditor 
and the treasurer of said county, on or before the first day of September in 
each year, a county school budget. The trustees shall make their estimates 
of such budget for their respective districts and report the same to the county 
board of education on or before the first day of June of each year. The 
county board of education and the county legislative delegation shall review 
and, if necessary, either may revise the estimates or prepare a complete budget 
for all schools of the county in quadruplicate form and deliver one copy to 
the legislative delegation, one copy to the county auditor, one copy to the 
county treasurer and one copy to the superintendent of education. But in 
any event, prior to the first day of August of each year, the county legislative 
delegation shall furnish to the auditor and treasurer of said county a statement 
showing the district levies necessary for the various school districts and the 
general county-wide school levy necessary in order to meet the anticipated 
appropriations of said school budget, after first taking into consideration other 
available sources of revenue. 

1942 Code § 5538; 1932 Code § 5318; 1925 (34) 193; 1947 (45) 165; 1948 (45) 1823. 

§ 21-1462. Annual tax. 

Immediately upon the filing of such school budget, the auditor of Berkeley 
County shall levy a tax on all the property in Berkeley County sufficient to 
meet the requirements of the several school districts in said county, as re- 
quired by the budget above mentioned, and the county treasurer upon the 
collection of the same shall distribute the amount derived from such levy to 
each school district, in the amount required to meet the deficit, in such district, 
from the amount appropriated by the State. In estimating the number of mills 
necessary, the auditor shall take into consideration all money available from 
other sources in said county, including that derived from the game warden's 
department and from tax executions and thus make the direct levy as low 
as practicable. 

1942 Code § 5538; 1932 Code § 5318; 1925 (34) 193. 

Article 2. 

Election of School Trustees. 

§ 21-1471. General provisions for election. 

On the first Tuesday in April in every even numbered year an election 
shall be held in each of the school districts of Berkeley County for three trus- 
tees, whose term of office shall commence on the first day of July next ensuing 
such election and who shall serve for a term of two years and until their 
successors shall qualify. Such election shall be conducted by the incumbent 
trustees of the several school districts in which the same shall be held after 
ten days' notice of the time and place thereof by posting the same in three or 

174 



§21-1472 * Education §21-1482 

more conspicuous and public places in such district and shall be conducted 
under the laws applicable to general elections. No person shall be eligible to 
election as a school trustee unless he shall be a qualified elector residing within 
the district for which he shall be chosen. The result of each such election 
shall, within two days thereafter, be certified to the county board of education, 
who shall thereupon issue its commissions to the several trustees so elected. 
1942 Code § 5537-2; 1932 (37) 1197. 

§ 21-1472. Procedure when no election held. 

In the event any district shall fail or neglect to elect trustees as herein 
provided, the county board of education shall appoint trustees for such district 
until a special election shall be ordered and held as directed by the county 
board. 

1942 Code § 5537-2; 1932 (37) 1197. 

§21-1473. Vacancy. 

Any vacancy in the office of school trustee for a shorter period than one year, 
whether caused by death, resignation, removal or otherwise, shall be filled 
by appointment of the county board of education for the unexpired term. But 
if such vacancy be for one year or more, it shall be filled by election, as pro- 
vided in the case of trustees for a full term. 

1942 Code § 5537-2; 1932 (37) 1197. 

Article 3. 
Trustees in Certain Districts. 

§ 21-1481. Provisions for appointment. 

In the several school districts in Berkeley County comprising High School 
District No. 10, in School District No. 19 and in School District No. 16 the 
members of the boards of school trustees shall be appointed by the county 
board of education of said county. Their regular terms shall be for two 
years. The boards as constituted hereunder shall hold and exercise all of the 
powers and duties conferred upon such boards as heretofore provided by law. 
All vacancies occurring by death, resignation or otherwise shall be filled as 
provided for the regular terms. The members of the boards shall hold office 
until their successors have been duly selected. 

1942 Code § 5540-1; 1936 (39) 1419; 1946 (44) 1562. 

§ 21-1482. When such trustees elected. 

In said school districts in Berkeley County in which school trustees are ap- 
pointed under the provisions of § 21-1481, such trustees shall be elected in 
the manner provided in § 21-1471, if a petition therefor addressed to the 
county board of education of said county, signed by one-third of the qualified 
electors of the district, is filed with said board not less than thirty days and 
not more than ninety days before the expiration of the term of office of the 
trustee whose successor is to be chosen. If no such petition be so filed, then 

175 



§21-1483 Code of Laws of South Carolina §21-1491 

the office to be filled shall be filled by appointment as provided under § 21- 
1481. 
1946 (44) 1562. 

§21-1433. Term of office of trustees. 

The terms of office of all school trustees in said county appointed under the 
provisions of § 21-1481 or elected under the provisions of § 21-1482 shall expire 
on the 30th da}' of June in each even numbered year. 

1946 (44) 1562. 

§ 21-1484. Vacancies. 

In case of a vacancy in the office of trustee of any such district, such vacancy 
shall be filled by an election if a petition therefor addressed to said board and 
signed by one-third of the qualified electors of such district is filed with said 
board within thirty days after the date of the commencement of the vacancy. 
Upon such vacancy existing, no appointment of a trustee to fill the same shall 
be made until after the expiration of thirty days from the commencement of 
the vacancy. If such petition is not so filed, then the filling of such vacancy 
shall be by appointment for the unexpired term of the appointee's predecessor. 

In case of an election to fill such vacancy, such election shall be had in the 
manner provided in § 21-1471 and shall be for the unexpired term of the prede- 
cessor of the person elected to fill such vacancy. 

1946 (44) 1562. 

Article 4. 

Bonneau High School District. 
§21-1491. Creation. 

School District No. A\ and the southern half of School District No. 5 of 
Berkeley County as constituted on March 4 1929 are hereby declared to be a 
high school district. It shall be a body corporate. The trustees, as herein- 
after provided for, are hereby declared to be the high school board of trustees 
for such high school district, which shall be known as Bonneau High School 
District and as such may use and continue to use the school building, erected 
shortly prior to 1929, at Bonneau in said school district as a central high school 
and may maintain a central high school thereat. Such central high school at 
Bonneau shall be entitled to all of the privileges and benefits of high schools 
approved and accredited by the State Board of Education. 

1942 Code § 5540-2; 1932 Code § 5629; 1929 (36) 729; 1932 (37) 1197. 

This section is constitutional. — This sec- This section is not invalid as including 

tion is not violative of S. C. Const., Art. 3, subjects in body of enacting act not stated 

§ 34, forbidding local or special laws relat- in title. W'alpole v. Wall, 153 S. C. 106, 

ing to incorporation of school districts, 149 S. E. 760 (1929). 

since such act has the same purpose as the It is not invalid because trustees living 

general high school district law and, though in one common school district are appoint- 

differing in matters of administration, is a ed trustees in another common school dis- 

special provision in the general high school trict, where the high school district includes 

law of the State. W'alpole v. Wall, 153 S. more than one common school district. 

C. 106, 149 S. E. 760 (1929). Walpole v. Wall, 153 S. C. 106, 149 S. E. 

760 (1929). 

176 



§21-1492 



Education 



§21-1501 



Nor because of conflict with general high 
school district law. — That the provisions of 
this section conflict with certain provisions 
of the general high school district law is no 
objection to its validity, which is to be 
deemed a special provision in a general law 
and amendatory of the general law. Wal- 
pole v. Wall, 153 S. C. 106. 149 S. E. 760 
(1929). 

It does not impair obligation of contracts. 
— This section creating the Bonneau high 
school district, including more than one 
common school district, is not invalid as 
impairing the obligation of contracts be- 
cause of bonds theretofore issued for school 
purposes by a portion of the area included 
in the new district, since inclusion of such 
area does not relieve it from the obligation 
to pay a proportionate share of the bonded 
indebtedness. Walpole v. Wall, 153 S. C. 
106. 149 S. E. 760 (1929). 

And is valid though certain provisions 
may be unintelligible. — The provisions of 
this section that may be unintelligible, as to 
whether the district is common school or 
high school district, may be regarded as 
surplusage not affecting the validity of the 
act, the purpose of which is clearly dis- 
closed. Walpole v. Wall, 153 S. C. 106, 
149 S. E. 760 (1929). 



Authority of legislature to name trustees. 
— The legislature creating a high school 
district, as was done by this section, has 
ample authority to name the le,' r al trustees 
of the district. Walpole v. Wall. 153 S. C. 
106, 149 S. E. 760 (1929). 

Mandamus for salary of teacher. — In 
mandamus to require the payment of the 
salary of a teacher in the high school dis- 
trict created by this section, it is no de- 
fense that the teacher was not elected as 
a teacher in the new high school, but was 
elected prior to the enactment of this sec- 
tion. The language of the act expressly 
declares that existing contracts with teach- 
ers should not be affected. Walpole v. Wall, 
153 S. C. 106, 149 S. E. 760 (1929). 

In mandamaus to compel payment of 
warrants for teacher's salary, objection that 
prior to the enactment of this section the 
trustees of the common school district in- 
cluded in the new high school district had 
made contracts with teachers which were 
affected by such act is no objection to 
compelling payment of the salary due to the 
petitioner. Walpole v. Wall, 153 S. C. 106. 
149 S. E. 760 (1929). 



§21-1492. Trustees. 

The board of trustees for Bonneau High School District shall be composed 
of five members. The board of trustees of Bonneau High School District shall 
have charge of all matters appertaining to said high school and the conduct 
thereof and are vested with the duties and powers of boards of trustees of 
high school districts under the general law of the State. Said board of 
trustees shall also be the board of trustees of the common school of the said 
district, which district is hereby declared to be a common public school 
district. 

1942 Code § 5510-2; 1932 Code § 5629; 1929 (36) 729; 1932 (37) 1197. 
Cross reference. — See notes to § 21-1491. 



Article 5. 

Cross High School District. 

§21-1501. Creation. 

School Districts Nos. 13, 14, 15, 17, IS and 20 in Berkeley County as 
constituted on April 14 1927 are hereby declared to be a high school district. 
It shall be a body corporate. And the trustees, as hereinafter provided for, 
are hereby declared to be the high school board of trustees of such high school 
district, which shall be known as Cross High School District, and as such 
may use and continue to use the school building erected shortly prior to 1927 
[3SCCode] — 12 177 



§21-1502 Code of Laws of South Carolina §21-1512 

at or near Cross as a central high school for said six school districts and to 

maintain a central high school thereat hereafter for said six school districts. 

1942 Code § 5540-3; 1932 Code § 5628; 1927 (35) 755; 1932 (37) 1197; 1944 (43) 1417. 

§ 21-1502. Privileges of district. 

Such central high school in said Cross High School District shall be 
entitled to all of the privileges and benefits of high schools approved and 
accredited by the State Board of Education. 

1942 Code § 5540-3; 1932 Code § 5628; 1927 (35) 755; 1932 (37) 1197. 

§ 21-1503. Trustees. 

The board of trustees for Cross High School District comprising districts 
13, 14, IS, 17, 18 and 20, respectively, shall consist of five members. The board 
of trustees of said Cross High School District, thus constituted, shall have 
charge of all matters appertaining to said high school and the conduct thereof. 

1942 Code § 5540-3; 1932 Code § 5628; 1927 (35) 755; 1932 (37) 1197; 1944 (43) 1417. 

Article 6. 

Macedonia High School District. 
§21-1511. Creation. 

School District No. 4 and School District No. 3 in Berkeley County are here- 
by declared to be a high school district and shall be known as the Macedonia 
High School District. Said high school district is hereby declared to be a 
body corporate and as such may use a seal, sue and be sued, issue notes, bonds 
or other certificates of indebtedness and in all respects enjoy the same rights, 
privileges and benefits and exercise the same rights, privileges and powers as 
are exercised by and conferred upon accredited high schools under the laws 
of this State. For school purposes the board of trustees may use the present 
Macedonia school building. 

1942 Code § 5540-4; 1932 Code § 5630; 1929 (36) 733; 1930 (36) 1589; 1932 (37) 1197. 

§21-1512. Trustees. 

The board of trustees of Macedonia High School District shall consist of 
the members of the board of trustees of School District No. 4 together with the 
chairman of the boards of trustees of each of the other common school districts 
imposing said high school district. The board of trustees of said high school 
district shall have charge of all matters appertaining to the conduct and man- 
agement of the high school. 

1942 Code § 5540-4; 1932 Code § 5630; 1929 (36) 733; 1930 (36) 1589; 1932 (37) 1197; 
1951 (47) 419. 



1/8 [3SCCode] 



§21-1521 Education §21-1531 

Article 7. 

St. Stephens High School District. 
§ 21-1521. Creation. 

The election held in school districts Nos. 5, 5^, 6 and 7 in Berkeley County 
on June 14 1927 on the question of consolidating and centralizing said com- 
mon school districts into a high school district is hereby validated and said 
school districts are hereby declared to compose a centralized high school dis- 
trict known and designated as St. Stephens High School District. Said dis- 
trict shall be a body corporate and shall have and exercise all of the powers 
and privileges now conferred by law upon centralized high school districts 
under the general law of this State. 

1942 Code § 5540-5; 1932 Code § 5632; 1928 (35) 1768; 1932 (37) 1197. 

§ 21-1522. Trustees ; decision of tie votes. 

The board of trustees of said centralized high school district shall consist 
of four members and shall be composed of the chairman of each of the boards 
of trustees of the common school districts composing said high school district 
as hereby established. In the event that they stand equally divided on any 
question or matter before them for decision and cannot otherwise reconcile 
their differences, the county superintendent of education shall decide the issue. 

1942 Code § 5540-5; 1932 Code § 5632; 1928 (35) 1768; 1932 (37) 1197. 

§ 21-1523. Powers of trustees ; bond election. 

Said high school board of trustees may do all acts necessary to the establish- 
ment and maintenance of a central high school in said district and to that end 
may purchase or lease lands, purchase and erect or lease buildings, equip the 
buildings and purchase or rent vehicles for transporting and conveying high 
school pupils to and from the central high school established hereunder and 
may provide funds for any of the above named purposes. And it may call 
and hold an election to issue bonds not exceeding eight per cent of the as- 
sessed valuation of the taxable property in the centralized high school district. 

1942 Code § 5540-5; 1932 Code § 5632; 1928 (35) 1768; 1932 (37) 1197. 

§ 21-1524. Entity of constituent school districts not impaired. 

The corporate existence and entity of each and every local school district 
incorporated into the high school district hereby established shall not be 
deemed to be impaired or affected by this article. 

1942 Code § 5540-5; 1932 Code § 5632; 1928 (35) 1768; 1932 (37) 1197. 

Article 8. 

School District No. 26. 

§ 21-1531. Created; corporate powers; trustees. 

There is hereby created a school district to be known as School District 
No. 26 in Berkeley County embracing the area lying south of S. C. Highway 
No. 31 and extending in boundaries to the Charleston County line, U. S. High- 

179 



§21-1551 



Code of Laws of South Carolina 



§21-1551 



way No. 52 being the western boundary of said district. Said school district 
is hereby declared to be a body corporate and as such may use a seal, sue and 
be sued, issue notes, bonds or other certificates of indebtedness and in all 
respects enjoy and exercise the same rights, privileges and benefits as are 
conferred upon other school districts under the laws of this State. The board 
of trustees of said school district shall consist of three members selected as 
provided by law. 
1947 (45) 869; 1950 (46) 2465. 



CHAPTER 24. 
Calhoun County. 



Sec. 



21-1551. Vacancies in office of school trus- 
tee. 

§ 21-1551. Vacancies in office of school trustee. 

In the event of a vacancy occurring for any cause in any board of school 
trustees for any of the school districts in Calhoun County, the vacancy shall 
be filled in the manner provided by law for filling the regular term. But if 
all other requirements are met a special election may be held to fill a vacancy 
at any time. 

1942 Code § 5541; 1938 (40) 1641. 



CHAPTER 25. 
Charleston County. 



Article 1. 
General Provisions. 



Sec. 



Article 3. 
Superintendent, Employees, etc. 

Sec. 

21-1621. Appointment of superintendent; 
assistant. 

21-1622. Bond; removal from office. 

21-1623. Duties of superintendent and as- 
sistant. 

21-1624. Employees. 

21-1625. County superintendent charged 
only with schools, etc., outside 
city of Charleston. 

21-1611. Appointment and terms. Article 4 

21-1612. Meetings; pay; quorum. 

21-1613. Blank. Sch ° o1 Trustees. 

21-1614. Additional duties and powers of 21-1631. Election or appointment. 

hoard. 21-1632. Residence of trustees of Cooper 



21-1601. County school hoard of appeals. 

21-1002. Parks and playgrounds. James Is- 
land School District No. 3. 

21-1603. Provisions inapplicable to city of 
Charleston. 

Article 2. 
County Board of Education. 



21-1615. Contracts with relatives. 



River School District No. 4. 



180 



§21-1601 



Education 



§21-1602 



Sec. 

21-1633. Blank. 

21-1364. Blank. 

21-1635. Election on appointing or electing 
school trustees. 

21-1636. Vacancies. 

21-1637. Secretary; execution of vouchers. 

21-1638. Election of teachers; salaries; holi- 
days. 

21-1639. Purchase of supplies. 

21-1640. Budgets. 

21-1641. Claims in excess of budget; trans- 
fer of items; increase of budget. 

21-1642. Extra expenses to operate schools. 

Article 5. 

Financial Affairs Generally. 

21-1651. County board fund. 

21-1652. Distribution of such fund. 

21-1653. Blank. 

21-1654. Administrative expenses, etc., paid 

from county fund. 
21-1655 to 21-1657. Blank. 
21-1658. Special school tax. 
21-1659. Same; collection and expenditure 

in the city of Charleston. 
21-1660. Same; in county outside of city. 
21-1661. District tax levies. 
21-1662. Monthly statement of claims. 
21-1663. Borrowing; use of proceeds. 
21-1664. Temporary investment of school 

district improvement funds. 



Sec. 
21-1665. School districts not to sell unsold 
portion of bond issue without 
consent. 

Article 6. 
School District No. 20. 

21-1671. Duties and powers of trustees. 

21-1672. Trustees; number; appointment, 
term, vacancies. 

21-1673. Officers and employees. 

21-1674. Director of business management. 

21-1675. Relation of superintendent and as- 
sistant to board. 

21-1676. Recommendations of superintend- 
ent and action of board. 

21-1677. Further duties and powers of trus- 
tees. 

21-1678. Two mill tax levy for schools in 
Charleston. 

21-1679. Additional tax levy in Charleston. 

21-1680. May borrow on anticipated rev- 
enue. 

21-1681. Grants and loans. 

21-1682. Surplus school funds of other dis- 
tricts. 

21-1683. How such surplus ascertained. 

21-1684. How such funds are to be used. 

21-1685. Boys' night school. 

21-1686. Board of District No. 20 to appoint 
beneficiaries in State university. 

21-1687. Annual report of trustees. 



Article 1. 
General Provisions. 

§ 21-1601. County school board of appeals. 

The county board of education, together with the chairmen of the several 
boards of school trustees, shall constitute and be known as the county school 
board of appeals. Such board of appeals shall hear and pass upon claims, 
complaints and special requests of any district in matters affecting one or 
more districts in addition to the complaining or petitioning district. More 
especially shall such board of appeals have jurisdiction in matters of com- 
plaint by any district feeling aggrieved over any act or ruling of the county 
board with respect to its district. Twelve members shall constitute a quorum 
for the transaction of business at any meeting of the board of appeals. A 
majority vote of the members present shall decide all questions. 

1942 Code § 5544-6; 1939 (41) 18. 

§ 21-1602. Parks and playgrounds, James Island School District No. 3. 

The school trustees of James Island School District No. 3, Charleston Coun- 
ty, shall have charge of and supervise all parks and playgrounds within the 
territorial limits of said School District No. 3, including specifically the athletic 
field adjoining the Riverland Terrace school. They may accept gifts or grants 

181 



§ 21-1603 Code of Laws of South Carolina § 21-1613 

and expend any sum of money which they may become possessed of and, in 
general, do all things necessary properly to maintain and equip such parks 
or playgrounds. 

1942 Code § 4077-6; 1936 (39) 1662; 1943 (43) 24. 

§ 21-1603. Provisions inapplicable to city of Charleston. 

None of the provisions of §§ 21-1601, 21-1651 to 21-1654, 21-1661 or 21-1663 
or of article 2, 3 and 4 of this chapter shall be applicable to the school district 
in Charleston County which is contained within the corporate limits of the city 
of Charleston. 

1942 Code § 5544-9; 1939 (41) IS. 

Article 2. 
County Board of Education. 

§21-1611. Appointment and terms. 

The board of education of Charleston County shall be composed of seven 
members, qualified electors of the county, who shall be appointed by the Gov- 
ernor upon the written recommendation of the legislative delegation of said 
county, or a majority thereof. Four of the first appointees having been ap- 
pointed for a term of four years and three for a term of two years, their 
successors have held and shall hold office for a term of four years and until 
their successors have been appointed and qualified. Two of the members so 
appointed shall be residents of that section of the county lying west of the 
Ashley River; two shall be residents of that section of the county lying north 
of the city of Charleston and between the Ashley and Cooper Rivers ; one shall 
be a resident of that section of the county lying east of the Cooper River; 
and two shall be residents of the county at large. 

1942 Code § 5544; 1939 (41) 18. 

§21-1612. Meetings; pay ; quorum. 

The members of the board of education of Charleston County shall meet 
within ten days after their appointment and shall organize by electing from 
their number a chairman and vice-chairman. All meetings of the county board 
of education shall be held in the office of the county superintendent of educa- 
tion. The members of the board shall receive a per diem for meetings actually 
attended, not exceeding twelve meetings in any calendar year, and mileage 
at the rate of five cents per mile actually travelled in going to and from such 
meetings, as well as the actual amount of any tolls paid. A majority of the 
board members shall constitute a quorum and a majority vote of the members 
present shall constitute the action of the board, except as herein otherwise 
provided. 

1942 Code § 5544; 1939 (41) 18. 

§ 21-1613. Blank. 

182 



§21-1614 Education §21-1621 

§ 21-1614. Additional duties and powers of board. 

In addition to the powers, duties and functions prescribed under the general 
laws of the State, the county board of education shall : 

(1) Fix a uniform salary schedule for teachers throughout the county, 
which may be graduated as the board may deem proper; 

(2) Cooperate with the State Highway Department in enforcing safety 
rules and regulations applicable to school buses and their operation; 

(3) Require all school buses operated under any transportation contract 
awarded by said county board, and any substitutions therefor, to be covered 
by casualty liability insurance in an amount to be fixed by said county board, 
the policies to be approved by said board and filed in the office of the county 
superintendent ; 

(4) Consider and approve, or disapprove, the purchase or sale of the 
property of any school district ; 

(5) Consider and approve or disapprove the plans and specifications of 
all new buildings of any school district in the county ; 

(6) Consider and approve or disapprove the election of any and all 
teachers, provided that the county board shall not approve the election or 
employment of any teacher in any school district dependent in whole or in 
part upon funds from the county board equalization fund when such teacher 
exceeds the number for whom a minimum salary is guaranteed by the state 
law, unless, after a careful study, the county board is satisfied that the em- 
ployment of such teacher is necessary to the proper operation of the school 
affected thereby; 

(7) Consider and approve or disapprove the annual budget of each school 
district and of each consolidated high school district, as prepared and sub- 
mitted to the board by the trustees ; and 

(8) Prescribe the forms of vouchers or pay warrants to be used in said • 
county. 

1942 Code § 5544; 1939 (41) 18; 1942 (42) 1497. 

§ 21-1615. Contracts with relatives. 

Said county board of education shall not enter into a contract with a relative 
of any member of the board. 

1942 Code § 5544; 1939 (41) 18. 

Article 3. 

Superintendent, Employees, etc. 

§ 21-1621. Appointment of superintendent; assistant. 

The county board of education shall appoint a county superintendent of 
education for Charleston County and an assistant county superintendent of 
education, whose compensation shall be fixed annually in the appropriation 
bill for said county. The first appointees having held office for a term expiring 
June 30 1941 and until their successors were appointed and qualified the 

183 






§21-1622 Code of Laws of South Carolina §21-1625 

term of office thereafter has been ami shall be for four years and until the 
appointment and qualification of their successors. 
19-12 Code § 5544-1; 1959 (41) 18. 

§21-1622. Bond ; removal from office. 

The county superintendent of education and the assistant county superin- 
tendent of education shall each furnish a bond, with corporate surety licensed 
to do business in this State, in the penal sum of five thousand dollars, condi- 
tioned for the faithful performance of the duties of said offices, the premiums 
thereon to be paid by the county board of education. The county superintend- 
ent of education, or the assistant, may be removed by the county board of edu- 
cation for cause, after due written notice and hearing, appeal to lie from the 
decision of the board to the State Board of Education and thence by certiorari 
to the Supreme Court. 

1942 Code § 5544-1; 1939 (41) 18. 

§ 21-1623. Duties of superintendent and assistant. 

The county superintendent of education, in addition to the duties imposed 
upon county superintendents of education by the general laws of the State, 
shall perform such other duties as shall from time to time be prescribed by 
the county board of education. The assistant county superintendent shall 
assist the county superintendent in the performance of such duties and in 
the supervision of the educational activities of the county, shall act in his 
place and stead in the event of his absence or disability, shall sign vouchers and 
shall perform such other duties as the county board may from time to time 
prescribe. 

1942 Code § 5544-1; 1939 (41) 18. 

§ 21-1624. Employees. 

The county superintendent of education shall be ex-officio secretary of 
the county board of education and he shall appoint the clerk, or clerks, in his 
office, with the approval of the county board, the salaries to be fixed in the 
annual appropriation act for Charleston County. All other persons employed 
under or working under the county superintendent of education shall be 
appointed by him, with the approval of the county board, and when their com- 
pensation is not otherwise provided to be paid by law it shall be paid from 
the county board fund created under the provisions of § 21-1651. 

1942 Code § 5544-1; 1939 (41) 18. 

§ 21-1625. County superintendent charged only with schools, etc., outside city 
of Charleston. 
The county superintendent of education of Charleston County shall have 
jurisdiction only over the schools and other educational interests outside of 
the corporate limits of the city of Charleston. He shall organize in all those 
districts outside of the city, formerly known as parishes, a suitable number 
of schools and shall visit them as often as may be practicable during each 

184 



§21-1631 Education §21-1636 

vear and he shall perform such other duties as are prescribed for the county 
superintendent of education in this Title. 

1942 Code § 5545; 1932 Code § 5435; Civ. C. '22 § 2700; Civ. C. '12 § 1812; Civ. C. '02 
§ 1244; G. S. 1025; R. S. 1090; 1878 (16) 584; 1879 (17) 62; 1891 (20) 1268; 1931 {37) 321. 

Article 4. 
School Trustees. 

§21-1631. Election or appointment. 

Except as herein otherwise provided, the trustees of the several school 
districts in Charleston County shall serve out their present terms according 
to law, and their successors shall be elected in the general election held next 
prior to the expiration of such terms and every six years thereafter. In the 
event an)- district shall fail to elect any trustee, as herein provided, then the 
county board of education'shall appoint a trustee to fill such vacancy. 

1942 Code § 5544-5; 1939 (411 18. 

§ 21-1632. Residence of trustees of Cooper River School District No. 4. 

In Cooper River School District No. 4 the board of trustees shall be com- 
posed of three members, one of whom shall reside in St. Phillips and St. 
Michaels, one of whom shall reside in the territory in said district lying north 
of said parish and south of the Remount Road and one of whom shall reside 
in the territory of said district lying north of said Remount Road. 

1942 Code § 5544-5; 1939 (41) 18. 

§ 21-1633. Blank. 
§21-1634. Blank. 

§ 21-1635. Election on appointing or electing school trustees. 

Upon the written petition of any school district to the county board of 
education, signed by adult residents of the district equalling in number not 
less than ten per cent of the total population of the district according to the 
census of 1930, requesting that the school trustees of such district shall be 
chosen by appointment of the county board of education instead of by election, 
the county board, being satisfied of the validity of such a petition, shall order 
a special election held in such petitioning district, at the expense of such dis- 
trict, for the purpose of determining whether trustees shall be elected or 
appointed. Such elections shall be held under the supervision of the county 
board of education and shall be subject to and be conducted in accordance 
with the laws applying to general elections. If a majority vote cast in such 
elections shall be in favor of the appointment of trustees by the board of edu- 
cation, the terms of such appointees shall begin at the expiration of the re- 
spective terms of the trustees then serving. 

1942 Code § 5544-5; 1939 (41) 18. 

§ 21-1636. Vacancies. 

Vacancies in the office of school trustees, however caused, shall be filled 

185 



§21-1637 Code of Laws of South Carolina §21-1641 

by the county board of education for the period ending December 31st of the 
even-numbered year next ensuing after the occurrence of such vacancy. In 
the general election held in such even-numbered year a trustee shall be 
elected to serve for the remainder of the unexpired term. 
1942 Code § 5544-5; 1939 (41) 18. 

§ 21-1637. Secretary; execution of vouchers. 

The board of trustees of each respective district shall, in the absence of any 
other secretary, appoint a principal of one of the schools in their district to 
act as secretary to the board, without vote or pay, who shall keep correct 
minutes of all transactions at the board meetings. Not less than a majority 
of such board shall sign vouchers for all school bills originating in its district. 
They shall represent the interests of their district before the county board 
of education. 

1942 Code § 5544-5; 1939 (41) 18. 

§ 21-1638. Election of teachers ; salaries ; holidays. 

The board of trustees of each respective district shall elect the school teach- 
ers for its district, fix their salaries and regulate the school holidays. 

1942 Code § 5544-7; 1939 (41) 18. 

§ 21-1639. Purchase of supplies. 

The board of trustees of each respective district shall purchase school 
supplies from the purchasing agency of the county board, if such agency exists 
and articles required are on sale by such agency. 

1942 Code § 5544-7; 1939 (41) 18. 

§21-1640. Budgets. 

Each district board of trustees shall, on or before the 30th day of May in 
each year, submit to the county board of education a fair itemized estimate 
of the amount necessary to provide a school term fulfilling the requirements 
of the State Board of Education and the county board. Such budget shall 
be made in triplicate on blanks supplied by the county board. One copy of 
such budget, when and as approved by the county board, shall be filed in the 
office of the county superintendent of education, one copy in the office of the 
county treasurer and one copy with the board of trustees of the district. 

1942 Code § 5544-7; 1939 (41) 18. 

§21-1641. Claims in excess of budget; transfer of items; increase of budget. 
The county superintendent of education shall not approve any school claim 
drawn by the district board in excess of the amount contained in the approved 
budget of such district. Upon written notice being given to the county super- 
intendent of education, any district board of trustees may transfer amounts 
from one item to another in the budget of such district, provided the total 
of the budget be not increased. The county board of education at any time 
upon due application by any district board of trustees and for good cause 

186 



§ 21-1642 Education § 21-1654 

shown may in its discretion permit and approve an increase in the budget 
of such district. 

1942 Code § 5544-7; 1939 (41) IS. 

§ 21-1642. Extra expenses to operate schools. 

If any school district desires to run its schools on a more expensive scale 
than that provided in § 21-1640. the extra expense incident to so running such 
schools shall be defrayed by an additional levy on all taxable property within 
the district, if existing special levies are insufficient to cover such extra ex- 
penses. 

1942 Code § 5544-8; 1939 (41) 18. 



Article 5. 
Financial Affairs Generally. 

§21-1651. County board fund. 

For the purpose of establishing an equalization fund for the county board 
of education, also called "County Board Fund", the county auditor of Charles- 
ton County shall annually levy, and the county treasurer of said county shall 
collect, a tax of four mills on the dollar on all taxable property in Charleston 
County, exclusive of the city of Charleston, School District No. 20, the money 
derived from such levy to be placed by the county treasurer to the credit of 
the county board of education and expended and paid out from time to time 
as said county board shall direct. But one-fourth of the proceeds of said four 
mill levy collected in Cooper River School District No. 4 shall be placed to 
the credit of that school district and the remainder placed in said county board 
fund. 

1942 Code § 5544-2; 1939 (41) 18. 

§ 21-1652. Distribution of such fund. 

From such county board fund the county board of education shall appro- 
priate and direct the count}' treasurer to place to the credit of any school dis- 
trict the whole of whose four mill levy is paid into such county board fund such 
amount as may be necessary to provide such school district with sufficient 
funds to operate its schools in accordance with the budget of such district as 
approved by the county board of education. 

1942 Code § 5544-2; 1939 (41) 18. 

§21-1653. Blank. 

§ 21-1654. Administrative expenses, etc., paid from county fund. 

From the county board fund the county board of education shall also pur- 
chase such supplies and defray any such administration expenses of the county 
superintendent of education as are not otherwise provided for by law and may 
provide for the compensation of the attorney on said board. 

1942 Code § 5544-2; 1939 (41) 18. 

187 



§21-1655 Code of Laws of South Carolina §21-1661 

§§21-1655 to 21-1657. Blank. 

§21-1658. Special school tax. 

In addition to all taxes now required by law to be annually levied and 
collected in Charleston County for educational purposes, there shall be an- 
nually levied and collected a tax of four mills on the dollar on all taxable 
property in Charleston County, which tax shall be used for the increase of 
salaries of principals, teachers and other employees of the public schools and 
for educational purposes in Charleston County. None of the money raised 
by this tax shall be expended in any school district that does not levy a 
special tax of at least ten mills in such district for school purposes. When 
two or more school districts have consolidated to form a high school district, 
any school district in said consolidated high school district shall be construed 
as levying- a special tax of at least ten mills for school purposes within 
the meaning of this section when the special levy for the school district shall 
amount to ten or more mills. 

19-12 Code § 5545-5; 1932 Code § 5450; Civ. C. '22 § 2715; 1920 (31) 770; 1929 (36) 
275; 1939 (41) 392. 

§ 21-1659. Same ; collection and expenditure in the city of Charleston. 

All taxes authorized to be levied under the provisions of § 21-1658 on tax- 
able property within the Charleston school district, comprised within the 
present limits of the city of Charleston, shall be annually levied and collected 
by the city treasurer of the city of Charleston at the same time as the city 
taxes of said city. Such taxes shall be paid into the city treasury as public 
money, protected by the official bond of the city treasurer, and shall be paid 
by the city treasurer to the board of trustees of School District No. 20 upon 
the warrant of said board and expended by said board for increase of sal- 
aries and for educational purposes. 

1942 Code § 5545-5; 1932 Code § 5450; Civ. C. '22 § 2715; 1920 (31) 770; 1929 (36) 
275; 1939 (41) 392. 

§ 21-1660. Same ; in county outside of city. 

The annual levy provided for by § 21-1658 upon all taxable property in 
Charleston County, outside of the limits of the city of Charleston, shall be 
levied and collected by the county treasurer as other school taxes are levied 
and collected and shall be by him paid over to the superintendent of educa- 
tion of Charleston County to be used by the county board of education for 
increase of salaries and for educational purposes in Charleston Count) - , out- 
side the limits of the city of Charleston. 

1942 Code § 5545-5; 1932 Code § 5450; Civ. C. '22 § 2715; 1920 (31) 770; 1929 (36) 
275; 1939 (41) 392. 

§21-1661. District tax levies. 

For the purpose of the operation of the schools in the several school dis- 
tricts in the county of Charleston, exclusive of the city of Charleston, School 
District No. 20, the county auditor of Charleston County shall levy each year 
and the county treasurer of said county shall collect such number of mills 

188 



§21-1662 Education §21-1664 

on the dollar on all taxable property in each of such school districts as shall 
be directed in writing by the county board of education for said county, ap- 
proved in writing by the governing body of Charleston County ; provided, how- 
ever, that the levy shall be uniform for all districts in the county which par- 
ticipate in the county board equalization fund. 
1942 Code § 5S44-4; 1939 (41) 18. 

§ 21-1662. Monthly statement of claims. 

In each school district in Charleston Count)', except School District No. 20, 
comprising the city of Charleston, the school trustees of such district shall 
file with the county superintendent of education of said county monthly, 
on forms to be furnished by him, a statement signed by a majority of such 
trustees showing in itemized form the payroll of the district and all other 
claims, with bills for the same attached, and the county superintendent of 
education, when he has approved such statement, shall draw warrants on 
the county treasurer against the funds of the district for the payment of 
the items shown on such statement and shall deliver to the trustees within 
thirty days a duplicate of the warrants so drawn. And such warrants shall 
be paid by the county treasurer when presented. 

1942 Code § 5545-1; 1932 Code § 5319; 1930 (36) 1622; 1943 (43) 2. 

§ 21-1663. Borrowing ; use of proceeds. 

Upon the written request of the county board of education of Charleston 
County, the county treasurer shall borrow from time to time such amount of 
money as may be stated in such written request, in anticipation of the collec- 
tion of school taxes in the various districts of said county, exclusive of the 
city of Charleston, School District No. 20, for the fiscal year in which the 
loan is made and the ensuing fiscal year and shall pledge the taxes levied, 
or to be levied, for the current and ensuing fiscal year to secure the payment 
of the sum of money so borrowed. The sum of money so borrowed shall be 
placed by the county treasurer in the county board fund and from such fund 
placed to the credit of any such school district as may need moneys from such 
fund to operate in accordance with its approved budget. As taxes are col- 
lected from the district to the credit of which moneys shall have been placed 
from such fund, they shall be credited to the county board fund until the 
amount so advanced shall have been repaid to said fund. Loans made by the 
county treasurer under this section shall be repaid from the county board 
fund. Such loans shall be for such time or times and at such rate of interest 
as shall be fixed by the county board in the written request or requests there- 
for. 

1942 Code § 5544-3; 1939 (41) 18. 

§ 21-1664. Temporary investment of school district improvement funds. 

The county treasurer of Charleston County, upon the written request of 
the school trustees of any school district in the county, shall invest in se- 
curities of the United States, this State, or any county or municipality in this 
State, in his discretion, any funds in his hands to the credit of such school 

189 



§21-1665 Code of Laws of South Carolina §21-1672 

district which were received from bond issues or otherwise for the purpose of 
constructing permanent improvements in such school district, pending the 
use of such funds for such purpose. Whenever, after such investment, the 
school trustees desire to use such funds for the purpose for which the same 
were received, the county treasurer, upon the written request of such school 
trustees, shall convert such investments into cash, at his discretion, and 
place the proceeds thereof to the credit of the school district, so that the same 
shall be available for such purpose. 
19-12 (42) 1496. 

§ 21-1665. School districts not to sell unsold portion of bond issue without 
consent. 

It shall be unlawful for the authorities of any school district in Charleston 
County to sell any unsold portion of a bond issue issued or sanctioned prior 
to April 14 1948 or to issue the remaining portions of any issue sanctioned 
prior to such date, a portion of which had not theretofore been issued, without 
first obtaining the consent of the governing body of Charleston County, such 
consent to be put in writing at a regular meeting of such body called for such 
purpose. 

194S (45) 1973. 

Article 6. 
School District No. 20. 

§ 21-1671. Duties and powers of trustees. 

The trustees of School District No. 20 of Charleston County, as provided for 
in § 21-1672, shall in that name perform all the duties and have all the powers 
and authority herein provided and now conferred by law upon school dis- 
tricts and the trustees thereof and be in all respects subject to the provisions 
thereof not in conflict with the provisions of this article. The provisions 
of §§ 61-451 to 61-458, providing for the teachers' retirement fund for the city of 
Charleston, shall be applicable to the aforesaid board of trustees and said board 
of trustees shall be governed and controlled by the provisions of said sections, 
except that the director of business management shall be ex officio treasurer 
for the board of trustees of the teachers' retirement fund. 

1942 Code § 5546; 1939 (41) 392; 1941 (42) 181. 

§ 21-1672. Trustees ; number ; appointment, term, vacancies. 

The trustees of said school district shall consist of seven members, resi- 
dents of the city of Charleston, who shall be appointed by the Governor upon 
the written recommendation of the legislative delegation of Charleston Coun- 
ty or a majority thereof. The term of office of four of the original trustees 
having expired December 31 1950 and of the remaining three December 31 
1951 the terms of office of their successors shall expire on the 31st day of 
December every fourth year thereafter. In case of a vacancy in the office 
of any of such trustees, such vacancy shall be filled for the unexpired term by 
appointment in like manner as that for a full term trustee. Each of such 

190 



§21-1673 Education §21-1676 

trustees shall hold office until the expiration of his term and until his suc- 
cessor shall have been appointed and qualified. Four of the first appointees 
shall hold office for a term of four years and until their successors have been 
appointed and qualify ; and three for a term of two years and until their succes- 
sors shall have been appointed and qualify; and the successors of all such 
trustees shall hold office for a term of four years from the dates of their 
respective appointments and until their successors shall have been appointed 
and qualify. 

1942 Code § 5S46; 1939 (41) 392; 1941 (42) 181; 1948 (45) 1682. 

§21-1673. Officers and employees. 

The said board of trustees shall, at its meeting after each appointment of 
trustees to fill expired terms, elect one of their number chairman and one 
of their number as vice-chairman. It shall appoint a clerk, a superintend- 
ent of schools, an assistant superintendent of schools and other employees 
whose terms of office or employment, duties and compensation shall be pre- 
scribed by the board of trustees; but their respective terms of office or em- 
ployment shall not exceed four years. 

1942 Code § 5546; 1939 (41) 392; 1941 (42) 181; 1948 (45) 1682. 

§ 21-1674. Director of business management. 

There shall also be appointed by the board of trustees a director of busi- 
ness management, whose term of office shall be as prescribed by the board of 
trustees but not exceeding a term of four years, and subject to the rules 
and regulations of the board of trustees. Such appointee shall be responsible 
for the proper discharge of all business activities, including financial account- 
ing, caring for moneys, making the budget, planning new construction, opera- 
tion and maintenance of plants, payroll procedure, insurance of buildings 
and purchasing of supplies and equipment and he shall perform all other 
duties required by the board and shall be responsible to and subject to the 
supervision of the superintendent of schools. The salary of said director of 
business management shall be determined by the trustees. 

1942 Code § 5546; 1939 (41) 392; 1941 (42) 181. 

§ 21-1675. Relation of superintendent and assistant to board. 

The superintendent of schools shall not be a member of the board of 
trustees. The superintendent shall have a voice in the deliberations of the 
board and, in case of a tie in the votes cast by the members of the board on 
any matter brought before the board for consideration, the superintendent 
shall cast the deciding ballot. The assistant superintendent of schools shall 
not be a member of said board and he shall act in place and stead of the super- 
intendent, in like manner, in the absence or disability of the superintendent. 

1942 Code § 5546; 1939 (41) 392; 1941 (42) 181. 

§ 21-1676. Recommendations of superintendent and action of board. 

The superintendent of schools shall outline from time to time the cur- 
ricula of and for the schools, recommend the books for use therein and the 

191 



§21-1677 Code of Laws of South Carolina §21-1679 

policies of and for said schools, thoroughly investigate the qualifications of 
applicants for the positions of principals and teachers of the schools and 
other employees, and make recommendations as to the fitness of the respec- 
tive applicants and the appointment of them to the positions desired and he 
shall perform all other duties as required by the board of trustees. The 
board shall then determine on the wisdom of such proposed policies and 
recommendations and either approve or disapprove of same. If approved, 
the superintendent shall be directed to see that such policies are made effec- 
tive. In the absence or disability of the superintendent of schools the as- 
sistant superintendent of schools shall perform the duties and functions of 
the superintendent. 

1942 Code § 5546; 1939 (41) 392; 1941 (42) 181. 

§ 21-1677. Further duties and powers of trustees. 

In addition to all other powers and duties, the board of trustees shall have 
the following;: 

(1) The same duties and the same authority and powers in the city of 
Charleston as the school trustees in the counties of the State have ; 

(2) Upon the recommendation of the superintendent, to determine the 
studies and class books to be used in the city public schools ; 

(3) To cause examinations to be made of teachers for the city public schools 
when ordered by them ; 

(4) To elect and dismiss teachers, prescribe their duties and terms of office 
and make rules for the government of the public schools ; and 

(5) To make an annual report to the State Superintendent of Education 
as to the city schools, as is required concerning- the county public schools. 

1942 Code § 5546; 1939 (41) 392; 1941 (42) 181; 1948 (45) 1682. 

§ 21-1678. Two mill tax levy for schools in Charleston. 

The city of Charleston shall be deemed a school district and the city treasurer 

shall annually levy and collect, at the same time as the city taxes, a tax of 

two mills on the dollar on all the taxable property in said city, and the 

county treasurer shall pay over to the city treasurer the portion of the poll 

tax to which School District No. 20 is entitled. All such taxes shall be in the 

city treasury as public money, protected by the official bond of the city 

treasurer and shall be paid out on the warrant of the board of trustees of 

School District No. 20 of Charleston County, to be applied to the support of 

the city schools and the balance to the repair of city school buildings. 

1942 Code § 5546-2; 1932 Code § 5437; Civ. C. '22 § 2702; Civ. C. '12 § 1814; Civ. C. '02 
§ 1246; G. S. 1026; R. S. 1092; 1878 (16) 585; 1892 (21) 110; 1908 (25) 1042; 1939 (41) 292. 

§ 21-1679. Additional tax levy in Charleston. 

In addition to the tax of two mills on the dollar now required by law to be 
annually levied and collected by the treasurer of the city of Charleston, as pro- 
vided by § 21-1678, the treasurer of the city of Charleston shall annually levy 
and collect, at the same time as the city taxes of said city, a tax of eleven 
mills on the dollar on all taxable property in said city, which shall be in 

192 



§ 21-1630 Education § 21-1683 

the city treasury as public money, protected by the official bond of the city 
treasurer and shall be paid by the city treasurer to the board of trustees for 
School District No. 20 of Charleston County upon the warrant of the board 
and be held by the board as a fund to be applied by the board from time 
to time, or at such time or times as the board shall deem expedient, to the 
purchase of property and the erection, improvement or alteration of build- 
ings and their equipment, to furnish additional school facilities and for edu- 
cational purposes in the city of Charleston, or any one or more of said purposes. 

1942 Code § SS46-3; 1932 Code § 5438; Civ. C. '22 § 2703; 1913 (28) 186; 1916 (29) 882; 
1919 (21) 32; 1920 (31) 769; 1925 (34) 145; 1930 (37) 1381; 1932 (.37) 1537; 1939 (41) 392. 

§ 21-1680. May borrow on anticipated revenue. 

On resolution of the board of trustees of School District No. 20 of Charles- 
ton County, or a majority thereof, adopted at a regular or special meeting, 
approved in writing by a majority of the legislative delegation of Charleston 
County, the board may, in anticipation of the collection of taxes levied in 
School District No. 20 of Charleston County for school purposes, during any 
fiscal year, borrow from time to time on the note of said board not exceeding 
in the aggregate the amount of the uncollected taxes so levied and may pledge 
for the payment of the same the uncollected taxes so levied and the full 
faith and credit of said School District No. 20. Such note shall bear such 
rate of interest as may be determined by the board and shall be signed by the 
chairman of the board, attested by its clerk, with its corporate seal impressed 
thereon. 

1942 Code § 5546-1; 1933 (38) 390. 

§21-1681. Grants and loans. 

The trustees of the aforesaid school district may apply to the Reconstruction 
Finance Corporation or any other agency of the United States Government 
for grants, loans or other procurement of funds for the erection or construction 
of school buildings in said school district or any other purpose for which such 
funds may be obtained under the laws of the United States and especially 
under the terms and provisions of article 9 of chapter 3 of Title 59 and may 
avail themselves in all respects of said provisions. 

1942 Code § 5546; 1939 (41) 392; 1941 (42) 181. 

§ 21-16S2. Surplus school funds of other districts. 

The surplus of all moneys derived from the annual tax of three mills for 
educational purposes remaining after supplying the requirements of the 
schools of Charleston County, outside of the limits of the city of Charleston, 
shall be paid by the county treasurer to the board of trustees of School Dis- 
trict No. 20 for the purposes of the schools under its charge. 

1942 Code § 5545-2; 1932 Code § 5447; Civ. C. '22 § 2712; Civ. C. '12 § 1822; Civ. C. 
'02 § 1254; 1898 (22) 877; 1939 (41) 392. 

§ 21-1683. How such surplus ascertained. 

In order to ascertain what are the requirements in each fiscal year, re- 
[3 SC Code] — 13 193 



§ 21-1684 Code of Laws of South Carolina § 21-1687 

spectively, ot each of the school districts in Charleston County outside of the 
city of Charleston, one or more of the school trustees of each of such school 
districts separately shall meet and confer with the county board of education 
annually at such place and time as the county superintendent of education 
shall name, ten days' previous notice of such meeting being given in writing 
by the county superintendent of education to each of such trustees. Such 
trustees and the county board of education shall sit as a special board to fix 
the amount of such requirements of each of such school districts. And when 
the amount of such requirements of each of such school districts shall have 
been fixed as hereinbefore provided, the county superintendent of education 
shall report to the county treasurer such amounts, respectively, and separate- 
ly, whereupon the county treasurer shall aggregate the amounts so reported 
to him and ascertain the surplus, if any, remaining from the proceeds of the 
levy for school purposes after deducting such aggregate. Having thus as- 
certained the amount of such surplus, the county treasurer shall, as soon as 
practicable, report such amount to the board of trustees of School District 
No. 20 and shall pay over the same to said board upon its warrant. 

1942 Code § 5545-3; 1932 Code § 5448; Civ. C. '22 § 2713; Civ. C. '12 § 1823; Civ. C. 
'02 § 1255; 1898 (22) 877; 1939 (41) 392. 

§ 21-1684. How such funds are to be used. 

The board of trustees of School District No. 20 shall use such funds ex- 
clusively in the education of pupils and shall account annually therefor in 
the mode provided by law. 

1942 Code § 5545-4; 1932 Code § 5449; Civ. C. '22 § 2714; Civ. C. '12 § 1824; Civ. C. 
'02 § 1256; 1898 (22) 877; 1939 (41) 392. 

§ 21-1685. Boys' night school. 

The boys' night school heretofore incorporated into the public school system 
of the city of Charleston shall be maintained, supported and conducted for and 
during the scholastic year of the public schools with a competent principal 
and corps of competent teachers. 

1942 Code § 5546-4; 1932 Code § 5439; Civ. C. '22 § 2704; 1913 (28) 1S6. 

§ 21-1686. Board of District No. 20 to appoint beneficiaries in State university. 

For the further promotion of the liberal education of the youth of the State, 

the board of trustees of School District No. 20 of Charleston County may 

appoint the beneficiaries of the scholarships to which the county of Charleston 

may be entitled in either branch of the State university. 

1942 Code § 5546-6; 1932 Code § 5441; Civ. C. '22 § 2706; Civ. C. '12 § 1S16; Civ. C. 
'02 § 1248; 1882 (18) 27; 1939 (41) 392. 

§ 21-1687. Annual report of trustees. 

The trustees of School District No. 20 of Charleston County shall make an- 
nual reports to the State Superintendent of Education in such form and at 
such times as he shall prescribe. 

1942 Code § 5391; 1932 Code § 5419; Civ. C. '22 § 2682; Civ. C. '12 § 1792; Civ. C. '02 
§ 1238; 1896 (22) 150; 1897 (22) 514. 

194 [3 SC Code] 



§21-1701 



Education 



§21-1702 



CHAPTER 26. 
Cherokee County. 



Article 1. 
General Provisions. 



Sec. 



21-1701. Electors to vote on consolidating 
schools in districts. 

21-1702. Selection of school trustees. 

21-1703. Blacksburg Grammar School Dis- 
trict No. 9. 

21-1704. Tax levies for school purposes. 

21-1705. Superintendent to carry account 
for each district. 

Article 2. 

Borrowing from Federal Agencies. 

21-1711. Authorization. 

21-1712. Payment. 

21-1713. Issue of obligations. 

21-1714. Deposit and expenditure of funds 

borrowed. 
21-1715. Obligations tax exempt. 
21-1716. Article cumulative. 

Article 3. 
School District No. 10. 

21-1721. Primary election of trustees. 

21-1722. Trustee at large and trustees from 
wards. 

21-1723. Qualifications of trustees. 

21-1724. Nominations. 

21-1725. Conduct of elections. 

21-1726. Who eligible to vote. 

21-1727. Duties of managers; declaration of 
result and appointment of trus- 
tees. 



Sec. 
21-1728. Second election if no candidate re- 
ceives a majority. 
21-1729. Vacancies. 

Article 4. 
Gaffney High School District No. 11. 

21-1741. Established. 

21-1742. Right of other districts to consoli- 
date therewith. 

21-1743. Number and term of trustees; va- 
cancies. 

21-1744. Election of trustees. 

21-1745. General duties and powers of trus- 
tees. 

21-1746. Buildings; temporary arrange- 
ments. 

21-1747. Blank. 

21-1748. Boards of constituent districts to 
cooperate. 

Article 5. 
Blacksburg High School District. 

21-1761. Creation. 

21-1762. Trustees of district. 

21-1763. Organization of board; vacancies. 

Article 6. 
Limestone School District No. 19. 

21-1771. Creation. 

21-1772. Abandonment of schools. 

21-1773. Trustees. 

21-1774. Indebtedness. 



Article 1. 
General Provisions. 

§ 21-1701. Electors to vote on consolidating schools in districts. 

The district board of trustees of any school district in Cherokee County is 
hereby forbidden to consolidate two or more schools in such school district 
except by a majority vote of the qualified electors of the district. The con- 
solidation of two or more schools in said county contrary to the provisions 
of this section shall be null and void. 

1942 Code § 5549-3; 1938 (40) 1611. 



§ 21-1702. Selection of school trustees. 

Upon the filing with the superintendent of education of Cherokee County of 
a petition, signed by one third of the resident freeholders in any school dis- 
trict in the county, requesting that the trustees of such district be elected 

195 



§21-1703 Code of Laws of Soutii Carolina §21-1711 

instead of appointed, the county superintendent of education shall call a meet- 
ing of the patrons residing in such school district and provide for the election 
of such trustees in such manner as the patrons shall decide. Upon the elec- 
tion of such trustees, the count} - board of education shall appoint them as 
trustees of such school district. Any such petition shall be filed with the 
county superintendent of education not less than one week before the expira- 
tion of the term of office of any trustee whose successor it is desired to elect. 
Once such petition is filed by the resident freeholders of any school district 
the naming of trustees thereafter shall be by the election method as herein 
provided for, unless the patrons of such school district at a meeting duly 
called and advertised for that purpose decide to have trustees appointed under 
the general provisions of law. Then they shall continue to be appointed until 
the freeholders of any such district exercise the rights herein conferred upon 
them to have such trustees elected. 

1942 Code § 5550; 1933 (38) 56; 1939 (41) 412. 

§ 21-1703. Blacksburg Grammar School District No. 9. 

The trustees of Blacksburg Grammar School District No. 9 in Cherokee 
County shall be elected on the second Tuesday in March. The trustees shall 
enter upon the duties of their office on April 1st. 

1942 Code § 5550-1; 1940 (41) 1908. 

§ 21-1704. Tax levies for school purposes. 

Each year the county auditor of Cherokee County shall, upon written in- 
structions signed by the superintendent of education of Cherokee County and 
a majority of the trustees of any school district within said county, levy a tax 
upon all taxable property within such district of sufficient millage to provide 
funds for the operating expenses of the school and to pay any past indebted- 
ness which may be due in the district. The taxes so assessed or levied under 
the provisions of this section shall be collected by the treasurer of Cherokee 
County as other taxes are now collected and, when so collected, placed to the 
credit of the several districts in which collected to be used exclusively for the 
purposes set out in this section. 

1942 Code § 5549-2; 1936 (39) 1298. 

§ 21-1705. Superintendent to carry account for each district. 

The superintendent of education of Cherokee County shall carry for each 
school district in the county a separate account in a book suitable for that 
purpose, which will show for each district the amounts available for school 
purposes, the disbursements and the credit balance. 

1942 Code § 4118; 1932 Code § 4118; 1930 (36) 1299; 1931 (37) 612. 

Article 2. 
Borroiving from Federal Agencies. 

§21-1711. Authorization. 

The trustees of any school district in Cherokee County may borrow from 

196 



§21-1712 Education §21-1716 

or through any agency of the United States Government, under the provisions 
of law and regulations governing the lending of such funds, for the purpose of 
repairing, enlarging or constructing public school buildings in such school dis- 
trict and for any other purpose or project deemed by the trustees and the 
county legislative delegation to be necessary to the proper conduct of the 
affairs of such school district. Before any funds are borrowed under the terms 
of this section, a majority of the county legislative delegation shall first ap- 
prove the purpose and the amount of the funds to be borrowed, as well as 
the terms under which any and all sums are to be paid. 
1942 Code § S549-1; 1935 (39) 715. 

§21-1712. Payment. 

To secure the repayment, with interest thereon, of any and all funds bor- 
rowed pursuant to the terms of this article, the full faith and credit of any 
such school district is hereby irrevocably pledged. And the trustees, with 
the approval of a majority of the county legislative delegation, may pledge 
any special tax, income or revenue accruing to such school district to secure 
the payment of any such obligation, and when any such tax, income or 
revenue becomes so pledged, the proceeds therefrom shall be applied to such 
purpose. 

1942 Code § 5549-1; 1935 (39) 715. 

§21-1713. Issue of obligations. 

The funds so borrowed may be evidenced in such manner as the contract- 
ing parties may determine, by serial coupon bonds or certificates of indebted- 
ness, bearing interest at a rate not exceeding four per cent per annum, payable 
annually, and maturing in such annual installments as the parties may agree 
upon, the last of which shall mature in not exceeding twenty years from the 
date of the first issue or certificate. 

1942 Code § 5549-1; 1935 (39) 715. 

§ 21-1714. Deposit and expenditure of funds borrowed. 

All funds borrowed pursuant to the provisions of this article shall be de- 
posited with the county treasurer to the credit of the school district so bor- 
rowing and expended on the warrant or direction of its trustees only for the 
specific purpose for which such funds have been borrowed. 

1942 Code § 5549-1; 1935 (39) 715. 

§21-1715. Obligations tax exempt. 

All obligations issued under the terms of this article shall be exempt from 
the payment of all state, county and municipal taxes. 
1942 Code § 5549-1; 1935 (39) 715. 

§ 21-1716. Article cumulative. 

The provisions of this article shall be deemed to be cumulative to any au- 
thority or power heretofore conferred upon the county or school district in 
respect to the subject matter. 

1942 Code § 5549-1; 1935 (39) 715. 

197 



§ 21-1721 Code of Laws of South Carolina § 21-1725 

Article 3. 
School District No. 10. 

§ 21-1721. Primary election of trustees. 

The county board of education of Cherokee County shall hold and con- 
duct a primary election of trustees of School District No. 10 in Cherokee 
County and, to that end, may adopt and promulgate rules and regulations 
deemed reasonably necessary to determine the choice of the voters for the 
members of the board of trustees, not inconsistent with the provisions of 
this article. Such elections shall be held at the time that primary elections for 
mayor and aldermen of the city of Gaffney are held. 

19S0 (46) 1823. 

§ 21-1722. Trustee at large and trustees from wards. 

One of the seven trustees shall be selected at large and shall be designated 
as trustee at large. He may reside at any place in the school district. The 
remaining six trustees shall each be selected and designated as trustee from 
a different one of the six wards in the city of Gaffney and they shall be resi- 
dents of the ward from which they are elected or of the territory in the dis- 
trict lying beyond the city limits and adjacent to the ward, the voters of which 
are permitted to participate in his election. The designation of a trustee as 

trustee of Ward (by number) shall not operate to prevent any 

voter residing without the city from participating in the election or any elector 
residing out of the city, if otherwise qualified, from being eligible for election 
as a trustee. 

1930 (46) 1823. 

§ 21-1723. Qualifications of trustees. 

Any resident qualified elector of the school district shall be eligible for 
nomination and appointment as a trustee. 

19S0 (46) 1823. 

§ 21-1724. Nominations. 

Any person desiring to become a candidate for one of the trusteeships shall 
notify the county board of education in writing of such fact, giving his name 
as he wishes it to appear on the ballot. Such notice shall be filed with the 
county board at least seven days before the time fixed for the election. In 
the event no one offers from a given area, the county board may, with the 
consent of such person, place in nomination the name of a qualified elector 
from any such area as trustee therefrom. 

1950 (46) 1823. 

§ 21-1725. Conduct of elections. 

The county board of education shall provide the necessary ballots to be 
used at the several voting places and appoint the managers of such election. 
Voting places and the managers in the election for trustees within the corpo- 
rate limits of the city may be the same as those used in the election for mayor 

198 



§21-1726 Education §21-1729 

and aldermen of the city. Beyond the corporate limits of the city, the county 
board of education shall provide such additional voting places, and appoint 
managers thereof, as in its judgment is necessary to afford the voters of any 
particular area a reasonable opportunity to participate in the election; pro- 
vided, however, that there shall be at least one voting place in Limestone Mill 
precinct, at or near Limestone Mill, for the use of the voters in the Limestone 
Mill area, the particular location of the voting place to be designated and 
fixed by the county board of education. The voters in the area lying beyond 
the corporate limits of the city of Gaffney, if no voting place has been fixed 
for them in any such area, shall vote in the voting place in the ward nearest 
their residence, by the most practical route, 
1950 (46) 1823. 

§21-1726. Who eligible to vote. 

Any citizen of the United States, twenty-one years of age and upward, 
who has been a resident of this State for two years and of Cherokee County 
for six months and who has resided in the school district and in the area in 
which he offers to vote for sixty days immediately preceding any election 
shall be allowed to vote. But ministers in charge of an organized church and 
teachers who reside in any particular area at the time of an election shall be 
allowed to vote, irrespective of the length of time of their residence in such 
area. 

1950 (46) 1823. 

§ 21-1727. Duties of managers; declaration of result and appointment of trus- 
tees. 

The managers shall require each person offering to vote to take such oath 
with respect to his qualifications as may be prescribed by the county board 
of education, shall keep a list of persons voting, shall tabulate the vote and 
shall make return to the county board of education which shall declare the 
result of the election and appoint the nominees as trustees. 

1950 (46) 1823. 

§ 21-1728. Second election if no candidate receives a majority. 

In the event that no candidate receives a majority of the votes cast for a 
position, the county board of education shall make due provision for the hold- 
ing and conduct of a second primary election and, to that end, the county 
board may appoint managers and do anything else reasonably necessary to 
the holding and declaration of the result of such election. 

1950 (46) 1823. 

§ 21-1729. Vacancies. 

Should a vacancy occur in the board for any cause the unexpired term shall 
be filled by appointment by the county board of education. 

1950 (46) 1823. 



199 



§21-1741 Code of Laws of South Carolina §21-1745 

Article 4. 

Gaffney High School District No. 11. 

§21-1741. Established. 

There is hereby established Gaffney High School District No. 11, which 
shall be composed of the following school districts of Cherokee County : Gaffney 
No. 10, Macedonia No. 14 as it was constituted prior to consolidation with 
Love Springs No. 23, Draytonville Xo. 17, Timber Ridge No. 18, Limestone 
No. 19, McKown's Mountain No. 20, Beaverdam No. 26, Progressive No. 28, 
Corinth No. 29, Ashworth No. 33 and Asbury No. 35. 
1950 (46) 1964. 

§ 21-1742. Right of other districts to consolidate therewith. 

Any other district, or part of any district, in Cherokee County, west of 
Broad River may elect to become a part of Gaffney High School District No. 
11 according to the procedure prescribed by law for the consolidation of school 
districts. 

1950 (46) 1964. 

§ 21-1743. Number and term of trustees; vacancies. 

The governing board of Gaffney High School District No. 11 shall be a 
board of five trustees. The regular terms of office shall be for a period of four 
years, beginning on April 15th of the year in which they are elected and until 
their successors are elected and qualified, the terms of office of the initial 
members having been, however, two for a term of two years ending April 
15 1952 and three for a term of four years ending April 15 1954 or upon the 
election and qualification of their successors. Any vacancy occurring in the 
membership of the board shall be filled by appointment by the county board of 
education for the unexpired term. 

1950 (46) 1964. 

§21-1744. Election of trustees. 

The trustees shall be elected by the qualified electors of the area compos- 
ing the district. For the purpose of electing successors to the members whose 
terms expire in such year an election shall be held in each even numbered 
year on the first Tuesday in April. The county board of education shall des- 
ignate the voting place or voting places, as the case may be, at which the 
election shall be held and shall give reasonable notice by advertisement of 
the time and place of holding the election. It shall appoint managers of 
election who shall conduct the election and make returns to the county board 
of education, which shall canvass the ballots and declare the result of the 
election. Any elector residing in the area composing the consolidated Gaffney 
High School District No. 11, if otherwise qualified, shall be allowed to vote. 

1950 (46) 1964. 

§ 21-1745. General duties and powers of trustees. 

The trustees of Gaffney High School District No. 11 shall have such duties 

200 



§ 21-1746 Education § 21-1762 

and powers as are generally provided by the laws of this State for school trus- 
tees, but shall be limited to the operation of the high school program of the 
district. They shall elect a superintendent who shall have general supervi- 
sion of the high school program and who may render such supervisory assist 
ance in the operation of the elementary schools in any district embraced within 
Gaffney High School District No. 11 as may be requested by the board of trus- 
tees of the district so embraced. 
1950 (46) 1964. 

§ 21-1746. Buildings ; temporary arrangements. 

The trustees of Gaffney High School District No. 11 may build and equip 
a junior high school building and such other buildings as may be necessary 
to take care of all high school students in the district and, if necessary, may 
acquire sites for any such purpose. Pending the construction of such build- 
ing or buildings as may be necessary to accommodate all of the high school 
pupils in the district, the trustees of Gaffney School District No. 10 shall enter 
into an agreement with the board of trustees of Gaffney High School District 
No. 11 whereby the negro high school pupils shall be accommodated at the 
Granard School Building. The actual cost of caring for these high school 
students shall be borne by Gaffney High School District No. 11. 

1950 (46) 1964. 

§21-1747. Blank. 

§ 21-1748. Boards of constituent districts to cooperate. 

The boards of trustees of the several districts constituting Gaffney High 
School District No. 11 shall cooperate with the board of trustees of District 
No. 11 when it shall appear in the best educational interest to operate jointly 
any phase of the high school program. 

1950 (46) 1964. 

Article 5. 

Blacksburg High School District. 
§21-1761. Creation. 

School districts No. 1, Antioch, No. 3, Hopewell, No. 4, King's Creek, No. 5, 
Broad River, No. 6, Buffalo, No. 8, Holly Grove, and No. 9, Blacksburg, of 
Cherokee County, as constituted on March 30 1925, are hereby declared to be 
a high school district, that is to say, a body corporate, and the trustees, as 
provided for in § 21-1762 are hereby declared to be the high school board of 
trustees and as such may establish a central high school for the seven school 
districts, in the town of Blacksburg. The consolidated high school, when so 
established, shall be entitled to all the privileges and benefits of rural cen- 
tralized high schools approved and accepted by the State Board of Education. 

1942 Code § 5551; 1932 Code § 5634; 1925 (34) 672; 1927 (35) 7S2. 

§21-1762. Trustees of district. 

The high school board of trustees shall consist of seven members, one from 

201 



§21-1763 Code of Laws of South Carolina §21-1773 

each of said respective school districts. They shall serve for periods of four 
years or until their successors in office shall be elected or appointed and qual- 
ified. These several trustees shall be elected by the qualified electors of 
their respective districts at general elections as follows : one trustee shall 
be elected from each of the following school districts : No. 3. Hopewell, No. 
4. King's Creek, No. 5, Broad River and No. 8, Holly Grove, at the general 
election in 1954 and at each alternate general election thereafter; one trustee 
shall be elected from each of the following districts: No. 9, Blacksburg, No. 1, 
Antioch and No. 6, Buffalo in 1952 and at each alternate general election 
thereafter. Such elections shall be held subject to the law of this State gov- 
erning general elections, and only qualified electors shall participate in them. 
1942 Code §5551; 1932 Code § 5634; 1925 (34) 672; 1927 (35) 782. 

§ 21-1763. Organization of board ; vacancies. 

As soon as practicable after each such election, said high school board shall 
meet at the call of the count}' superintendent of education for the purpose 
of organization. The trustee elected from School District No. 9, commonly 
known as Blacksburg School District, shall be chairman of the board of high 
school trustees. In the event of a vacancy on said board, the board of high 
school trustees shall fill such vacancy by the election of a member of the school 
board from the district in which such vacancy occurs. 

1942 Code § 5551; 1932 Code § 5634; 1925 (34) 672; 1927 (35) 782. 

Article 6. 

Limestone School District No. 19. 
§21-1771. Creation. 

The area formerly designated as Midway School District No. 13 and the 
area formerly designated as Fairview School District No. 24 having been 
consolidated with the area formerly designated as Limestone School District 
No. 19, the entire area so consolidated is hereby declared to be a school district, 
which shall be known as Limestone School District No. 19 of Cherokee Coun- 
ty. Limestone School District No. 19 shall be a body politic and corporate, 
and the same is hereby created with such government rights, privileges and 
liabilities as other school districts possess under the provisions of the general 
school laws of the State. 

1949 (46) 541. 

§ 21-1772. Abandonment of schools. 

The trustees of said Limestone School District may, in their discretion, 
abandon either of the school buildings now located in the district and author- 
ize all school pupils residing in the district to attend one school which the 
trustees may provide for that purpose. 

1949 (46) 541. 

§21-1773. Trustees. 

Limestone School District No. 19 as herein created shall have five trustees, 

202 



§ 21-1774 Education § 21-1802 

to be named from the district as provided by law and to hold office for such 
term as is provided by law. 
1949 (46) 541. 

§ 21-1774. Indebtedness. 

Limestone School District No. 19 shall assume and pay the indebtedness, 
represented by either bonds or notes, which was created for the purpose of 
building and equipping buildings in old Limestone School District No. 19. 
The trustees of Limestone School District No. 19 may retire such indebtedness 
either by new notes or bonds or otherwise and at such rate of interest and 
such duration as they, in their judgment, may deem wise and proper and for 
the best interest of said school district. The auditor and treasurer of Cherokee 
County shall, respectively, levy and collect annually a tax upon all taxable 
property in said Limestone School District No. 19 sufficient to pay the in- 
debtedness evidenced by such notes or bonds, together with interest accru- 
ing thereon, as and when the same become due. 

1949 (46) 541. 



CHAPTER 27. 

Chester County. 

Sec. Sec 

21-1801. School districts consolidated. 21-1809. Duties and powers of superintend- 

21-1802. Management of district. ent. 

21-1803. County school board of trustees; 21-1810. Blank. 

election. 21-1811. Blank. 

21-1804. Conduct of election. 21-1812. Local area trustees. 

21-1805. Terms of office. 21-1813. School superintendents and teach- 

21-1806. Organization; meetings; compen- ers. 

sation. 21-1814. Blank. 

21-1807. Duties and powers. 21-1815. District financing and fund unit. 

21-1808. Appointment of county superin- 21-1816. Tax levies; accounts; vouchers. 

tendent. 

§ 21-1801. School districts consolidated. 

The several school districts of Chester County as they existed on January 
30 1950 having been consolidated into a single school district, whose area 
and boundaries are coextensive with the area and boundaries of the county, 
such school district shall be known and designated as the School District of 
Chester County and the General Assembly prescribes as the area for the 
School District of Chester County an area coextensive with the area of Chester 
County. 

1950 (46) 1813. 

§ 21-1802. Management of district. 

Said school district shall be under the general management of the seven 
persons constituting the Chester County School Board of Trustees. 

1950 (46) 1813. 

203 



§ 21-1803 Code of Laws of South Carolina § 21-1806 

§ 21-1803. County school board of trustees ; election. 

The central authority of Chester County's public educational system shall 
be a board of trustees which shall be composed of seven members. These 
members shall be citizens of said county and six of them shall be elected 
as follows: One by the people of Landsjord township, one by the people of 
Haccl-Blackstoek townships, one by the people of Ilalscllvillc-Baton Rouge 
townships, one by the people of Chester township, one by the people of Lewis- 
wile township and one by the people of Rossville township. The seventh 
member shall be selected by the other six members of said board after giving 
due consideration to any recommendation made by Duke Power Company 
and any other taxpayer or citizen of said county. 

The selection of the members of the board as above provided shall be cer- 
tified to the Secrtary of State and he shall thereupon issue a commission to the 
person so elected. 

1949 (46) 116; 1950 (46) 1815. 

§ 21-1804. Conduct of election. 

The six elected members of the board of trustees shall be elected in their re- 
spective townships by a special election. Election precincts shall be located 
at such places as the county board of education shall designate. The board 
shall appoint at least three managers for each precinct and a county com- 
mittee of five to conduct the election, canvass the vote and declare the result. 
The rules of the general election shall apply except as otherwise specified in this 
chapter. The election committee shall have prepared a 1 allot listing the names 
of all candidates. The committee shall list as a candidate any qualified resi- 
dent elector, other than an employee of the school board, on whose behalf 
twelve or more electors sign a request that his name be listed. If no nom- 
inating petition is filed from any township, the board of trustees may place 
the name of the incumbent trustee from such district in nomination, if he 
will consent to serve another term, and, if he will not, the name of some other 
suitable qualified elector. All nominating petitions must be in the hinds of 
the chairman of the election committee by three o'clock P. M., ten days before 
the election date. Necessary expenses of the election shall be paid from 
Chester school district funds. The board of trustees shall fill by appointment 
any vacancy which leaves an unexpired term. 

1949 (46) 116; 1950 (46) 1813. 

§21-1805. Terms of office. 

The terms of office of the initial members of said board having been two 
for four years, two for three years, two for two years and one for one year, 
their successors shall serve for terms of four years. 

1949 (46) 116. 

§ 21-1806. Organization; meetings; compensation. 

The board of trustees shall meet annually on the third Tuesday in April 
and elect one of its members as chairman and another as vice-chairman. The 
board shall hold a regular meeting at least monthly thereafter and special 

204 



§ 21-1807 Education § 21-1808 

meetings as necessary. All regular meetings shall be open to the public. 
The members of the board shall serve without pay, but they shall be re- 
imbursed for their necessary travel at the same rate paid to employees of the 
board. 

1949 (46) 116; 1950 (46) 1815. 

§21-1807. Duties and powers. 

The board of trustees shall have the following duties and powers relative 
to the public schools in said count}' : 

(1) To employ a superintendent of education and, upon his nomination, all 
other personnel necessary for the efficient operation of the schools, except as 
is otherwise specified in this chapter ; 

(2) To adopt administrative policies ; 

(3) To fix local supplements in salaries ; 

(4) To plan and construct new buildings ; 

(5) To issue from time to time bonds to construct and repair buildings and 
pledge capital outlay funds from State, Federal and local tax sources for their 
repayment; 

(6) To operate a building maintenance and repair program ; 

(7) To issue short-term notes in anticipation of taxes and State aid funds, 
such notes to mature not later than one year from the date thereof ; 

(8) To exercise the right of eminent domain in securing necessary prop- 
erty, following as nearly as practicable the procedure prescribed for con- 
demnation by municipal corporations ; 

(9) To determine and evaluate the educational program ; 

(10) To contract for services, equipment and supplies ; 

(11) To cause regular audits to be made and publish annual and special 
reports ; 

(12) To keep an accurate record of board proceedings ; 

(13) To direct a continuing school census and enforce the provisions of 
article 2 of chapter 14 of this Title ; 

(14) To provide for all school elections ; 

(15) To fix the length of the school term ; 

(16) To conduct surveys and upon the results obtained reorganize attend- 
ance areas, the curriculum, the supervisory program, auxiliary services or any 
part of the educational program delegated by the State to the county boards 
of education; 

(17) To arrange with adjoining counties for inter-change of pupils or edu- 
cational services ; and 

(18) To adopt budgets and budgetary controls and set tax levies on a 
county-wide basis sufficient to meet the educational needs of the county. 

1949 (45) 116; 1950 (46) 1815. 

§ 21-1808. Appointment of county superintendent. 

The board of trustees shall employ a county superintendent of education, 
who shall be selected on the basis of his professional qualifications. The 
tenure of the county superintendent shall be left in the hands of the board of 

205 



§ 21-1809 Code of Laws of South Carolina § 21-1814 

trustees, except that the present county superintendent of education shall 
serve until July 1 1953. 

1949 (46) 116; 1950 (46) 1815. 

§ 21-1809. Duties and powers of superintendent. 

The Chester County superintendent of education shall be the secretary and 
executive officer of the county board of trustees. The county superintendent 
of education shall not be a member of the board of trustees but his duties and 
authority shall otherwise be as provided by law for county superintendents 
of education generally. The county superintendent shall, with the assistance 
of his staff and the approval of the board : 

(1) Nominate all personnel to be employed by the board; 

(2) Assign all personnel employed ; 

(3) Prepare and administer the annual budget ; 

(4) Operate the school building and maintenance program ; 

(5) Contract for services, supplies and reports ; 

(6) Plan and construct school buildings ; 

(7) Develop a guidance and instructional program ; and 

(8) Exercise such other powers as are necessary for the administration of 
the duties conferred upon the board by this chapter. 

1949 (46) 116; 1950 (46) 1815. 

§ 21-1810. Blank. 

§21-1811. Blank. 

§ 21-1812. Local area trustees. 

The board of trustees shall appoint local area trustees for the areas of the 
former school districts in the county. These trustees shall serve for a term 
of four years, except that the trustees of the various former school districts 
in the county who were in office on March 23 1949 shall continue in office until 
the expiration of their respective terms. 

1949 (46) 116; 1950 (46) 1815. 

§ 21-1813. School superintendents and teachers. 

The local area trustees of the high school districts in said county may elect 
a local superintendent of schools who, with the local area trustees, will select 
the other members of the faculty. The superintendents of the four high 
school areas shall have advisory power in consulting local area trustees of 
feeder schools in regard to the selection of the faculty for the feeder schools. 
The board of trustees may set up minimum standards for teachers in ac- 
cordance with State certification regulations. 

1949 (46) 116; 1950 (46) 1815. 

§ 21-1814. Blank. 

206 



§21-1815 



Education 



§21-1816 



§ 21-1815. District financing and fund unit. 

The Chester County School District shall in all cases be the unit for financ- 
ing and receiving all local, State and Federal funds for educational purposes. 

1950 (46) 1813. 

§ 21-1816. Tax levies ; accounts ; vouchers. 

The auditor of Chester County shall levy the school taxes as provided in 
this chapter. All levies shall be set by the auditor after he has received written 
instructions from the board of trustees signed by the chairman and secretary. 
The county treasurer shall collect all school taxes, receive from the State and 
any other sources all school funds and keep an accurate record of the receipt 
and disbursement of these funds. The treasurer shall pay out these funds 
only on special vouchers prepared for the purpose and carrying the signatures 
of two bonded persons designated by the board of trustees to sign such 
vouchers. The treasurer and the board of trustees shall make arrangements 
whereby vouchers issued to individuals and corporations may clear at par 
through regular banking channels. 

1949 (46) 116; 1950 (46) 1815. 



CHAPTER 28. 
Chesterfield County. 



Article 1. 
Board of Education Generally. 
Sec. 

21-1851. Appointment and term. 

21-1852. Vacancies and removal. 

21-1853. Officers. 

21-1854. Legal adviser to board. 

21-1855. Seal. 

21-1856. Pay and expenses. 

21-1857. Business to be transacted at regu- 
lar or special meetings. 

21-1858. Records; actions not binding until 
recorded. 

21-1859. Blank. 

21-1860. Rules and regulations for the ad- 
ministration of schools. 

21-1861. Annual report. 

21-1862. Annual inventory of property un- 
der control of board. 



Article 2. 

Financial Matters Generally. 

21-1871. Board to check disbursements. 
21-1872. Signatures on vouchers. 
21-1873. Record of proceedings for i 

ance of school obligations. 
21-1874. Record of indebtedness. 
21-1875. County board of education 

and tax. 



Sec. 

21-1876. Annual budget for board fund. 

21-1877. Disbursement of fund. 

21-1878. Statement of disbursement. 

21-1879. Delinquent school taxes; collection 
and allocation. 

21-1880. Sheriff to supply information to 
treasurer. 

21-1881. Treasurer's monthly reports to su- 
perintendent. 

21-18S2. Delinquent tax collections includ- 
ed in board's annual report. 

21-1883. Loans of sinking fund commission 
to school districts; conditions. 

21-1884. Interest on such loans. 

21-1885. Source of funds for such loans. 

21-1886. Levy of taxes to repay loan. 

Article 3. 
School Districts Generally. 



21-1901. Election of school trustees. 
21-1902. Vacancies and removals. 
21-1903. School district boundary lines. 
21-1904. Plats of several school districts, 
issu- 21-1905. Contracts to divide county into 
school districts; payment of ex- 
penses, 
fund 21-1906. Annual inventory and appraisal of 
property of school districts. 
207 



§21-1851 



Code of Laws of South Carolina 



§21-1851 



Article 4. 

School District Budgets, Contracts, 
Expenditures, etc. 

Sec. 

21-1921. School district budgets. 

21-1922. County board to supply budget 
forms. 

21-1923. Limit of proposed expenditures. 

21-1924. Filing of official budgets. 

21-1925. Copy for chairman of trustees; 
public record. 

21-1926. Budget when trustees neglect to 
prepare same. 

21-1927. Contracts not provided for in 
budget. 

21-1928. Disbursements not provided for in 
budget. 

21-1929. County superintendent to keep sep- 
arate each school district's funds. 

21-1930. Receipts and disbursements to be 
credited to appropriate budget 
items. 

21-1931. Claims and vouchers. 

21-1932. Approval and payment of vouch- 
ers. 

21-1933. Voucher or claim not approved by 
superintendent. 

21-1934. School district indebtedness must 
be approved by board. 

Article 5. 
Employment of Teachers. 

21-1941. Contracts of teachers and other 

employees. 
21-1942. Contracts not to be made before 

budget adopted. 
21-1943. Teachers not to exceed permitted 

and budgeted number. 
21-1944. Teachers' salaries. 
21-1945. Term and time of employment of 

teachers. 

Article 6. 
Blank. 



Article 7. 
Chesterfield School District No. 18. 
Sec. r 

21-1971. Trustees. 

21-1972. When trustees may he elected. 
21-1973. How election held; canvass of re- 
sults. 
21-1974. Appointment of trustees elected; 

terms of office. 
21-1975. Officers. 
21-1976. Records of proceedings. 
21-1977. Acts not binding until recorded. 
21-1978. Records public. 

Article 8. 

Jefferson Centralized High School 
District. 
21-1991. Area. 

21-1992. Trustee from District No. 24. 
21-1993. District incorporated. 

Article 9. 

McBee Centralized High School 
District No. 16. 

21-2001. Establishment. 

21-2002. Number and qualifications of trus- 
tees; terms. 
21-2003. Terms. 
21-2003.1. Election of trustees. 
21-2004. Chairman and clerk. 
21-2005. General powers of trustees. 
21-2006. High school building. 
21-2007. Apportionment of expenses. 
21-2008. Taxes. 

Article 10. 
Pageland Centralized High School District. 

21-2021. Creation. 

21-2022. Trustees. 

21-2023. Tax for support of school. 

21-2024. Approval of budget. 

21-2025. Levies to be uniform. 



Article 1. 

Board of Education Generally. 

§21-1851. Appointment and term. 

The board of education of Chesterfield County shall be composed of seven 
resident qualified electors of said county and constituted as follows: six 
members of the board shall be appointed and commissioned by the Gov- 
ernor on the written recommendation of the Senator and at least one other 
member of the county legislative delegation; the county superintendent of 
education of Chesterfield County shall be ex officio a member of the county 
board of education and the executive secretary thereof. The six appointive 

208 



§21-1852 Education §21-1857 

members of said board shall be appointed and commissioned as herein provided 
for a term of two years from the 1st day of July in each odd-numbered year. 
1945 (44) 242. 

§21-1852. Vacancies and removal. 

In case of a vacancy a successor member shall be appointed as herein pro- 
vided for the remainder of the unexpired term. Any member of said board 
may be removed by order of the Governor on a sufficient showing of miscon- 
duct in office or unfitness properly to discharge the duties of his office. 

1945 (44) 242. 

§21-1853. Officers. 

The members of said board shall meet after their appointment in each odd- 
numbered year and organize by the election of one of the members as chair- 
man and another as vice-chairman. 

1945 (44) 242. 

§21-1854. Legal adviser to board 

The county attorney of Chesterfield County shall act as the legal adviser to 
the county board of education, shall counsel and advise the board and, when 
so requested, shall supply it with a written and signed legal opinion on any 
question submitted to him. The board shall consult with and procure the 
counsel and advise of the county attorney on any doubtful question of law. 

1945 (44) 242. 

§21-1855. Seal. 

The county board of education shall adopt an official seal, which shall 
be kept in the custody of the secretary and shall be affixed by him to such 
documents and papers as the board shall authorize or direct. 

1945 (44) 242. 

§21-1856. Pay and expenses. 

The members of the board shall receive a per diem for each meeting actually 
attended, not exceeding twelve meetings in each year, and mileage at the 
rate of five cents per mile actually traveled in going from their homes to and 
from such meetings. 

1945 (44) 242. 

§ 21-1857. Business to be transacted at regular or special meetings. 

No business of the board shall be transacted except at its regular monthly 
meeting or session nor unless five members of the board are present. In case 
of an emergency the chairman or vice-chairman of the board may call and con- 
vene a special meeting of the board. Whenever any such special meeting is 
called, written notice of the time, place and purpose thereof must be given to 
each member of the board not less than five days prior to the day such spe- 
cial meeting is to be held. The posting of such notice to a member by regis- 
tered mail five days prior to the date of the meeting shall be sufficient notice. 
[3SCCode] — 14 209 



§21-1858 Codk of Laws of South Carolina §21-1861 

The business transacted at any special session shall be limited to the matters 
stated in the notice. Any business of the board transacted in violation of 
any of the provisions of this section shall be null and void and of no effect. 
1945 (44) 242. 

§ 21-1858. Records ; actions not binding until recorded. 

All motions, resolutions, rules, regulations, orders, directions and proceed- 
ings of the county board of education must be reduced to writing and en- 
tered upon its permanent minutes. No motion, resolution, rule, regulation, 
direction or proceeding shall be valid or binding until it has been entered on 
the minutes of the board and the record of the particular proceeding in the 
minute book of the board has been signed by the chairman or vice-chairman 
and a majority of the members thereof and duly attested by the secretary 
of the board. The county superintendent of education shall have the custody 
of the records of the board and shall be responsible for their care and preser- 
vation. 

1945 (44) 242. 

§21-1859. Blank. 

§ 21-1860. Rules and regulations for the administration of schools. 

The county board of education of Chesterfield County may make all neces- 
sary and proper rules and regulations for the administration of the public 
schools of Chesterfield County, not in conflict with any law, and all such rules 
and regulations shall have the force and effect of law. No rule or regulation 
shall be valid or become effective until thirty days after it has been adopted 
and entered upon the minute book of the board as herein directed and required. 

1945 (44) 242. 

§21-1861. Annual report. 

The board shall cause to be made annually, on or before the first day of 
October in each year, and shall file with the governing body of the county, 
the county sinking fund commission, the county treasurer and each member 
of the county legislative delegation a comprehensive and detailed report of the 
operation of the public schools of Chesterfield County for the next preceding 
fiscal year, including : 

(1) (a) A general statement of the sources and total receipts of all moneys 
for all school purposes, (b) the disbursements and expenditures for all pur- 
poses and (c) the balances, if any, of all school funds and accounts; 

(2) A general statement of the financial condition of each of the several 
school districts in the count}', including (a) the bonded and all other out- 
standing indebtedness of each school district, (b) a statement or schedule 
of the sources of and total receipts of each school district in the county dur- 
ing the next preceding fiscal year, and (c) a general classification and state- 
ment of the disbursements for all purposes of each school district in the county 
during the next preceding fiscal year ; 

210 [3SCCodeJ 



§21-1862 Education §21-1872 

(3) The balances brought forward to the credit of each of said school dis- 
tricts at the end of the next preceding fiscal year ; 

(4) A statement or schedule showing the total receipts, the allocation and 
the distribution of the county-wide tax to supplement State funds for school 
transportation and the balance, if any, remaining unexpended in the county 
school transportation fund at the end of the next preceding fiscal year; 

(5) A statement or schedule showing the sources and the total receipts of 
the county board of education fund and an itemized statement of the expendi- 
tures and disbursements of such fund ; and 

(6) A general statement as to the condition of the school buildings and 
physical plants in each school district and such recommendations as the 
board shall deem proper as to needed repairs, replacements, additions and new 
buildings, together with estimates as to the cost of the same. 

Said report may also include such recommendations as the board shall deem 
proper as to the appropriations and taxes required for the maintenance, support 
and operation of the public schools of the county and such measures as the 
board shall deem necessary for the improvement of and to procure and maintain 
an efficient and economical operation of the public schools of the county. A 
copy of the general financial statement of each school district must be delivered 
to each of the trustees thereof on or before the first day of October in each 
year. 

1945 (44) 242; 1946 (44) 1367. 

§ 21-1862. Annual inventory of property under control of board. 

The county board of education shall cause to be made annually an inven- 
tory of all property owned by or under the control of the board. Such in- 
ventories shall be kept on file in the office of the count)' superintendent of 
education and he shall be responsible for their care and preservation and for 
the care and preservation of the property owned by the board or under its 
management and control. 

194S (44) 242. 

Article 2. 
Financial Matters Generally. 

§ 21-1871. Board to check disbursements. 

The Chesterfield County board of education shall examine at each of its 
regular monthly meetings or sessions the record of all expenditures and dis- 
bursements approved by the county superintendent of education subsequent to 
the last inspection and examination of the same by the board and shall report 
to the county attorney any unauthorized or irregular approval or disburse- 
ment. 

1943 (44) 242. 

§21-1872. Signatures on vouchers. 

All orders, vouchers or warrants for the expenditure or disbursement of 
moneys from the school bus transportation fund, the county board of educa- 

211 



§ 21-1873 Code of Laws of South Cakolina § 21-1875 

tion fund or any other county education fund, account or appropriation, other 
than a school district fund or account, must be signed by the chairman or vice- 
chairman of the county board of education and a majority of the members 
thereof. 

19-45 (44) 242. 

§ 21-1873. Record of proceedings for issuance of school obligations. 

When any bonds are issued by Chesterfield County, or any school district 
thereof, or any loan is procured by said county or any school district thereof 
for any public school purpose, a duly authenticated copy of the transcript 
of the proceedings for the issuance of such bonds or for the procurement of 
any such loan must be filed in the office of the county superintendent of 
education, the office of the county treasurer and the office of the clerk of 
court of the county. The clerk of court must record the certified tran- 
scripts of such proceedings at length in a proper permanent book of record 
to be designated "Record of Public School Indebtedness of Chesterfield 
County and the School Districts Therein". The clerk of court shall be 
allowed the fees provided by law for recording papers in his office for record- 
ing such transcripts. Such fees shall be paid out of the county board of 
education fund. Said officers shall carefully preserve all of such transcripts 
so filed in their respective offices. 

1945 (44) 242. 

§21-1874. Record of indebtedness. 

The Chesterfield county board of education shall ascertain and determine 
the present indebtedness of the county and of each school district therein 
for all public school purposes and shall keep and preserve a record of all out- 
standing indebtedness of Chesterfield County and of every school district 
therein for all public school purposes in a permanent book to be kept for that 
purpose. Such records shall contain the name of the county or the school 
district issuing the bonds or otherwise borrowing money for public school 
purposes, the date of the issuance of the bonds, notes or other evidence of the 
indebtedness, the amount of the bonds or other indebtedness, the interest 
rate and any other pertinent and relevant information pertaining to such bonds 
or other indebtedness. 

1945 (44) 242. 

§ 21-1875. County board of education fund and tax. 

The county auditor of Chesterfield County shall, when so directed and or- 
dered by an appropriate resolution of the county board of education, duly 
approved in writing by the Senator and at least one other member of the 
county legislative delegation, levy for school purposes, a county-wide annual 
tax of not more than five mills on all of the taxable property in the county. 
Such annual levy shall be designated as the county board of education fund 
tax. The county superintendent of education and the county treasurer shall 
open and enter in their books and records an account to be designated as the 
"County Board of Education Fund". The count)' treasurer shall credit to 

212 



§21-1876 Education §21-1879 

such fund or account all the proceeds of such tax and any other money received 
for the county board of education fund or account and charge against the 
fund or account all proper vouchers drawn against it. 
1945 (44) 242. 

§ 21-1876. Annual budget for board fund. 

The county board of education shall cause to be made annually a proposed 
budget containing a careful estimate of all funds and moneys to accrue to the 
credit of the county board of education fund for the next fiscal year and 
an itemized and detailed statement or schedule of all proposed expenditures 
and disbursements to be made from the fund. Such budget shall also state 
the number of mills proposed to be levied under the provisions herein pro- 
vided for the county-wide board of education fund tax and the amount of 
revenue expected to be derived therefrom. 

On or before the 1st day of March in each year the county board of educa- 
tion shall submit the proposed budget to the county legislative delegation 
and upon its approval by the Senator and at least one other member of said 
delegation the proposed budget shall become the official budget of the county 
board of education fund for the next fiscal year. 

1945 (44) 242. 

§21-1877. Disbursement of fund. 

The county board of education fund shall be expended for general public 
school purposes only and as provided and prescribed in the official budget. 
The county board of education and the county superintendent of education 
shall not issue or approve any warrant or voucher drawn against the fund for 
any purpose not provided in the budget or issue or approve any warrant 
or voucher drawn against the fund for any purpose or item in excess of the 
amount provided in the budget for the particular item or purpose. 

1945 (44) 242. 

§ 21-1878. Statement of disbursement. 

The county board of education shall cause to be prepared and filed in the 
office of the county superintendent of education at the end of each fiscal year 
a statement or schedule of all the expenditures and disbursements from the 
county board of education fund. Such schedule or statement must show the 
name of the payee of each warrant or voucher drawn on the fund, the amount 
of the warrant or voucher and the nature of the claim or purpose for which 
it was issued. A copy of such statement or schedule of the expenditures and 
disbursements of the county board of education fund must be filed with the 
chairman of the county legislative delegation on or before the first day of 
October in each year. 

1945 (44) 242; 1946 (44) 1367. 

§ 21-1879. Delinquent school taxes ; collection and allocation. 

Upon the receipt of all delinquent tax moneys collected by the sheriff, the 
county treasurer shall separate and segregate from the moneys collected 

213 



§ 21-1830 Code of Laws of South Carolina § 21-1883 

on the delinquent tax executions the amount or portion of such delinquent tax 
moneys collected on each delinquent tax execution, exclusive of the costs and 
penalties added thereto, for all local school levies and credit respectively to 
each school district fund or account the share or portion of such delinquent 
tax moneys collected on such local school levies and belonging respectively 
to each of the several school districts of the county. 
1945 (44) 242. 

§ 21-1880. Sheriff to supply information to treasurer. 

The sheriff shall keep such records in connection with the collection of delin- 
quent taxes and in his reports to the treasurer supply him with such informa- 
tion as shall be necessary for the treasurer to determine the portion or part of 
such delinquent tax moneys collected on the local school levies and to appor- 
tion properly such collections to the credit of the several school districts. 

194S (44) 242. 

§ 21-1881. Treasurer's monthly reports to superintendent. 

The county treasurer, in his monthly reports to the county superintendent 
of education required by § 21-959, shall include the amount of delinquent taxes, 
collected, separated, segregated, apportioned and credited to the fund or 
account of each of the several school districts during the last preceding month. 

1945 (44) 242. 

§ 21-1882. Delinquent tax collections included in board's annual report. 

The amount of delinquent taxes collected annually and credited to each of 
the several school district funds or accounts shall be included and stated in 
the annual reports of the county board of education required by the provisions 
of §21-1861. 

1945 (44) 242. 

§21-1883. Loans of sinking fund commission to school districts; conditions. 
The sinking fund commission of Chesterfield County may in its discretion 
make loans to any school district in the county for the construction, repair 
and improvement of school buildings and other school equipment, to purchase 
school supplies and equipment and for other school purposes, upon the fol- 
lowing conditions : 

(1) Each loan shall be based upon an application signed by at least a ma- 
jority of the members of the board of trustees of the applicant school district 
and by a majority of the freeholders in the district ; 

(2) The application for each loan shall state the purpose for which the 
proceeds of the loan will be used ; 

(3) The amount of each loan, when added to all other funded indebtedness 
of the applicant school district, shall not exceed any constitutional or statu- 
tory limitation ; 

(4) Each application shall be approved by the county superintendent of 
education, by a majority of the members of the sinking fund commission, and 
by a majority of the county legislative delegation, including the Senator, who 

214 



§ 21-1884 Education § 21-1901 

shall certify that it is believed by them that the conditions of this section 
have been fully complied with and that the applicant school district is finan- 
cially able to pay the principal of and interest on the proposed loan accord- 
ing to the terms submitted ; 

(5) The loan shall be payable in equal annual installments beginning at 
least two years from the date of the loan, except that, if the period of the 
loan exceeds five years, not more than twenty-five per cent of the amount 
of the loan may be payable on the last maturity date ; 

(6) No loan shall be made for a period exceeding ten years ; and 

(7) The note evidencing such loan shall be signed by a majority or more 
of the members of the board of school trustees of the district and shall be 
countersigned by the county superintendent of education and by the county 
treasurer. 

1947 (45) 308. 

§ 21-1884. Interest on such loans. 

Any such loan may be made at such rate of interest as may be agreed upon 
between the board of school trustees of the applicant district and the sinking 
fund commission, without regard to any limitation or restriction that may be 
contained in any other applicable statute. 

1947 (45) 308. 

§ 21-1885. Source of funds for such loans. 

Loans to school districts under the terms of § 21-1883 may be made only 
out of funds in the county treasury not otherwise appropriated or allocated. 

1947 (45) 308. 

§ 21-1886. Levy of taxes to repay loan. 

Whenever a loan is made by the sinking fund commission to a school 
district under the terms of § 21-1883 the secretary of the commission shall 
notify the auditor and treasurer of the county of the making of the loan and 
thereupon the proper officials of the county shall annually levy, assess and 
collect a sufficient amount of taxes, in addition to all other taxes levied, as- 
sessed and collected in the district, to pay the loan according to the terms 
agreed upon. 

1947 (45) 308. 

Article 3. 

School Districts Generally. 

§ 21-1901. Election of school trustees. 

The board of education of Chesterfield County shall before March 1st each 
year call a meeting of the electors of each school district in the county, which 
shall be duly advertised. At such meeting the electors attending shall or- 
ganize as a mass meeting and consider their school needs and shall nominate 
and recommend to the county board of education one of the qualified electors 
in their district to be appointed by the county board as a member of the 
district board of trustees, and the county board of education shall appoint 

215 



§ 21-1902 Code of Laws of South Carolina § 21-1905 

such nominee as a trustee of such district on or hefore April 1st to serve from 
such date for a term of three years and until his successor is appointed and 
qualifies. The county board shall always appoint the nominee of the mass 
meeting unless, in its judgment, there be some valid reason to the contrary. 
In those districts that have five trustees the qualified electors shall nominate 
and recommend to the county board of education one of the qualified electors 
in their district to be appointed by the board as a district trustee and the 
county board of education shall appoint such nominee, subject to provisions 
hereinabove set forth, to serve from such date for a term of five years and 
until his successor has been appointed and qualifies. 

This section shall not apply to Cheraw School District. 

1942 Code § 5558; 1936 (39) 1637. 

§21-1902. Vacancies and removals. 

The county board may, at any time, fill a vacancy in a board of trustees, 
and the county board may, at any time, remove a district trustee for cause. 
This section shall not apply to Cheraw School District. 

1942 Code § 5558; 1936 (39) 1637. 

§ 21-1903. School district boundary lines. 

The county board of education ma)' hear and determine all questions as to 
the boundary line or lines of the school districts in Chesterfield County. If 
it is impossible to determine any existing boundary line or lines of any school 
district the board may establish the boundary lines. When the board deems 
it to be necessary it may employ a competent civil engineer or surveyor to 
survey and make a map or plat of any school district or any boundary line 
or lines of any particular school district, and when any such survey and map 
or plat has been made and approved by resolution of the county board of 
education it shall thereupon become and be the official plat or map of such 
school district or boundary line or lines of any such school district. 

1945 (44) 242. 

§ 21-1904. Plats of several school districts. 

The county superintendent of education shall have all the maps and plats 
of the several school districts of Chesterfield County, where they are available 
and which have not heretofore been recorded in the office of the clerk of court 
of Chesterfield County, recorded in such office. The clerk shall prepare and 
maintain in his office an index of such recorded plats or maps, with an ap- 
propriate reference to the Plat Book and page in the clerk's office in which 
each of such maps or plats is recorded. The clerk's fees for recording such 
maps or plats shall be paid out of the county board of education's fund. 

1945 (44) 242. 

§21-1905. Contracts to divide county into school districts; payment of ex- 
penses. 
The county board of education may make contracts for the purpose of 
dividing the county into proper school districts and may provide for the 

216 



§21-1906 Education §21-1924 

payment of the expenses thereof and for the expenses of any elections held 
on the question of consolidation out of the school funds of the county. 
1950 (46) 2545. 

§ 21-1906. Annual inventory and appraisal of property of school districts. 

The county board of education shall cause to be made by the trustees of 
each of the several school districts under its supervision and direction an in- 
ventory and appraisement of all of the real and personal property of each 
of such school districts. The originals of such inventories shall be filed and 
kept on file in the office of the county superintendent of education and said 
officer shall be responsible for the care and preservation of said records. 

1945 (44) 242. 

Article 4. 
School District Budgets, Contracts, Expenditures, etc. 

§ 21-1921. School district budgets. 

On or before the 15th day of May in each year, the board of trustees of each 
school district of Chesterfield County shall prepare and submit to the county 
board of education a proposed written budget containing an itemized and de- 
tailed written statement of the anticipated income of the particular school 
district from every source during the next ensuing fiscal year and an itemized 
and detailed written statement of every proposed expenditure to be made by 
such school district during the next ensuing fiscal year for the maintenance 
and operation of all the public schools in the particular school district, in- 
cluding debt service, transportation and all other purposes whatsoever. 

1942 (42) 1687; 1946 (44) 1368. 

§ 21-1922. County board to supply budget forms. 

The county board of education shall prepare, adopt and promulgate a 
simple and uniform form of budget for the use of the public schools of Chester- 
field County and shall supply and require the use of such approved form of 
budget by all of the school districts of said county. 

1942 (42) 16S7. 

§ 21-1923. Limit of proposed expenditures. 

The proposed expenditures in the budget must not exceed the anticipated 
revenue of the school district and must contain the certificate of the county 
auditor that the proposed expenditures are within the anticipated revenue 
of the particular school district. 

1942 (42) 1687. 

§ 21-1924. Filing of official budgets. 

When the budget of a school district has been prepared, approved by the 
board of trustees and the county board of education and certified by the 
county auditor, it shall be filed in the office of the county superintendent of 

217 



§ 21-1925 Code of Laws of South Carolina § 21-1928 

education and shall thereupon become and constitute the official budget of the 
school district for the next ensuing fiscal year. 

1942 (42) 1687. 

§ 21-1925. Copy for chairman of trustees ; public record. 

A copy of such budget duly certified by the county superintendent of educa- 
tion shall be delivered to the chairman of the board of trustees of the school 
district and kept by him as a part of the permanent record of the school district. 
Additional copies shall be filed with the county treasurer and the chairman 
of the county legislative delegation. The budgets on file in the office of the 
county superintendent of education and with the chairman of the board of 
trustees shall be public records and open to the inspection of any interested 
person. 

1942 (42) 1687; 1945 (44) 242. 

§ 21-1926. Budget when trustees neglect to prepare same. 

If any board of trustees shall fail or neglect to submit a proposed budget, 
as herein directed, on or before the 15th day of May in any year, the county 
board of education shall prepare and file a budget for such school district. 
When such budget shall have been made by the county board of education 
and certified by the county auditor it shall thereupon become the official budget 
of the particular school district, 

1946 (44) 1368. 

§ 21-1927. Contracts not provided for in budget. 

No contract, purchase, agreement, loan or other obligation of any char- 
acter made, entered into or in anywise incurred by the board of trustees of any 
school district for any item or purpose not specified in the budget of such 
school district or in excess of the sum of money therein provided for any such 
item or purpose shall be valid or binding on the school district, and the board 
of trustees of the particular school district shall be personally liable for any 
expenditure or obligation made or incurred in violation of the provisions of 
this article. 

1942 (42) 1687. 

§ 21-1928. Disbursements not provided for in budget. 

The county superintendent of education and the county board of education 
are expressly prohibited from approving for payment any voucher, draft, 
check or other instrument for the payment of money of any school district 
for any item or purpose not authorized in the budget of the district or in 
excess of the amount therein provided for such item or purpose; provided, 
hotvever, that any unexpended surplus of any school district may be, with the 
consent of the county board of education, disbursed for any valid school pur- 
pose. 

1942 (42) 1687. 

218 



§21-1929 Education §21-1934 

§ 21-1929. County superintendent to keep separate each school district's funds. 

The county superintendent of education shall segregate and keep a separate 
account of the funds of each school district of the county. 

1942 (42) 1687. 

§ 21-1930. Receipts and disbursements to be credited to appropriate budget 
items. 

All moneys received or collected for the account of each school district must 
be credited to the item in the budget for which such moneys were appropriated 
or received. Every expenditure of the school district must be charged against 
the item in the budget upon which the voucher or claim is drawn. 

1942 (42) 1687. 

§21-1931. Claims and vouchers. 

All claims or vouchers for the payment of money drawn against any item 
of the budget of any school district must be made in writing on forms pro- 
vided by the county board of education for that purpose and must be ap- 
proved by the county superintendent of education in writing. The trustees 
of each school district of Chesterfield County are hereby expressly prohibited 
from issuing, uttering, delivering, pledging or passing any school district 
voucher or claim of any character whatsoever until the same has been ap- 
proved in writing by the county board of education. 

1942 (42) 1687. 

§ 21-1932. Approval and payment of vouchers. 

The county superintendent of education of Chesterfield County shall not 
approve for payment any voucher, warrant or order of any school district 
until it has been signed by a majority of the members of the district board 
of trustees of the school district upon which such voucher, warrant or order 
is drawn, and the county treasurer shall not pay any such warrant, voucher 
or order until it has been signed by a majority of the trustees as herein pro- 
vided. The county superintendent of education and county treasurer shall 
be liable personally and on their respective official bonds for any disbursement 
of any school district fund in violation of the provisions of this section. 

1945 (44) 242. 

§ 21-1933. Voucher or claim not approved by superintendent. 

Any voucher or claim of any school district issued, uttered, negotiated, 
pledged or passed before the same has been approved in writing by the county 
superintendent of education shall be null and void and the trustee or trustees 
who issued, uttered, pledged, negotiated or passed such voucher or claim 
shall be personally liable for the payment of the same, 

1942 (42) 1687. 

§ 21-1934. School district indebtedness must be approved by board. 

No indebtedness of any character or for any purpose other than current 
items authorized by the school budget contracted by any school district in 

219 



§21-1941 Code of Laws of South Carolina §21-1945 

Chesterfield County shall be valid or binding unless the contract therefor has 
been first approved and authorized by the county board of education by ap- 
propriate resolution duly adopted and entered as herein directed and recp.iired. 
1945 (44) 242. 

Article 5. 

Employment of Teachers. 

§ 21-1941. Contracts of teachers and other employees. 

When the trustees of any school district have employed any teacher or other 
employee, the contract shall be in writing and in duplicate, and one copy 
thereof shall be filed with the superintendent of education of said county who 
shall make a record thereof in a book kept by him for that purpose, which 
shall be a public record and shall constitute due notice thereof as under the 
recording acts. 

1942 Code § 5556-1; 1932 (37) 1275. 

Cross reference. — As to repeal of 6-0-1 
Law, see 1933 Acts [1933 (38) 567]. 

§ 21-1942. Contracts not to be made before budget adopted. 

No salary or term of employment shall be fixed for any teacher or em- 
ployee until the school budget has been passed and approved for the ensuing 
or current year of employment, and then such salary and term of employ- 
ment shall be determined by and according to the amount approved therein. 

1942 Code § 5556-1; 1932 (37) 1275. 

§ 21-1943. Teachers not to exceed permitted and budgeted number. 

There shall not be employed in any school more teachers than allowed to 
a school to render such school eligible for State aid under chapter 8 of this 
Title, and if it be found that the trustees of any district have employed more 
teachers than allowed under such law or more teachers and employees than 
approved in the school budget, then the last teacher or teachers or employee 
or employees with notice as aforesaid shall be eliminated and such contract 
shall be absolutely null and void. 

1942 Code § 5556-1; 1932 (37) 1275. 

§ 21-1944. Teachers' salaries. 

All teachers' salaries in excess of the State schedule must be approved by 
the county board of education. Any contract for the payment of teachers' 
salaries in excess of the State schedule of teachers' pay not approved by the 
county board of education shall be null and void. 

1942 (42) 16S7. 

§ 21-1945. Term and time of employment of teachers. 

No teacher in any school district in Chesterfield County shall be elected or 
employed for a longer period than one scholastic year, and no school district 
trustees shall elect or employ the teachers for their school district for the 

220 



§21-1971 Education §21-1973 

next scholastic year before the 15th day of April of the year in which such 
teachers are to be employed. When an election is ordered in any school dis- 
trict no teacher shall be employed for such district for the next scholastic 
year until the trustees elected at such election have been duly commissioned 
and qualified. 

1942 Code § 5556-2; 1933 (38) 239; 1934 (38) 1430. 

Article 6. 
Blank. 

Article 7. 

Chesterfield School District No. IS. 

§21-1971. Trustees. 

The board of trustees of Chesterfield School District No. 18 of Chesterfield 
County shall be composed of five qualified electors of the county who are 
residents of said school district. One member of the board of trustees shall 
be appointed by the county board of education on or before the first day of 
April in each year to serve for a term of five years from the first day of April 
of the year in which such appointment is made. 
1945 (44) 294. 

§ 21-1972. When trustees may be elected. 

Upon the filing with the superintendent of education of Chesterfield County 
of a petition signed by not less than thirty-five per cent of the qualified electors 
residing at the time in Chesterfield School District No. 18 requesting that the 
trustees of said school district be elected in the general election, the county 
board of education shall immediately certify such fact to the board of com- 
missioners of election for State and county officers of Chesterfield County and 
thereafter such trustees shall be elected in the general election. 

1945 (44) 294. 

§ 21-1973. How election held ; canvass of results. 

Upon the filing of such petition and the certification of the county board 
of education to the board of commissioners of election for State and county 
officials, the trustees of Chesterfield School District No. 18 of Chesterfield 
County shall be elected in the next general election to be held after the filing 
of such petition with the county superintendent of education. The commis- 
sioners of election for State and county officers shall provide special and 
proper ballot boxes at all voting precincts in said school district, and the ballots 
cast in such general election for the trustees of said school district shall be 
counted by the managers of the election and returned to the board of county 
canvassers as other State and county ballots are counted and returned. The 
board of canvassers shall canvass the votes cast for such trustees in such 
election and declare the results thereof. Such election shall be conducted in 
accordance with the statutes regulating the general election. Only qualified 

221 



§ 21-1974 Code of Laws of South Carolina § 21-1978 

electors residing in said school district shall be eligible to vote in the election 
of such school district trustees. 
1945 (44) 294. 

§ 21-1974. Appointment of trustees elected ; terms of office. 

The board of county canvassers for State and county officers shall certify 
the results of the election of school district trustees to the county board of 
education of Chesterfield County and it shall thereupon appoint and commis- 
sion the trustees so elected as of the first day of April next after such election 
to serve for a term of two years from said date. The terms of office of the 
trustees of Chesterfield School District No. 18 in office at the time of such 
general election shall cease and determine as of the 31st day of March next en- 
suing. Thereafter the trustees of said school district shall be elected at each 
general election as herein provided, to take office on the first day of April 
next ensuing after the general election and to serve for a term of two years 
from said date. 

1945 (44) 294. 

§21-1975. Officers. 

The members of the board of trustees shall elect one of its members as its 
chairman, one as vice-chairman and another as a clerk and secretary of the 
board. 

1945 (44) 294. 

§ 21-1976. Records of proceedings. 

All of the proceedings of the board of trustees shall be reduced to writing 
and entered upon a permanent minute book of the board. The minute book 
shall be kept in the custody of the secretary of the board, and he shall be 
responsible for the proper entry of all of the proceedings of the board and for 
the care and preservation of the minute book and of all other official records 
of the board until they have been delivered by him to his successor and such 
successor's receipt obtained therefor. 

1945 (44) 294. 

§ 21-1977. Acts not binding until recorded. 

No motion, resolution, order, decision, action, direction or proceeding of the 
board shall be effective, valid or binding until it has been reduced to writing, 
entered upon such permanent minute book of the board, signed by the chair- 
man or vice-chairman thereof and duly attested by the clerk and secretary of 
the board. 

1945 (44) 294. 

§ 21-1978. Records public. 

The permanent minute book, the annual school budget of the school district 
and all of the official records thereof shall be public records of the district, 
and upon proper request therefor shall be made available at reasonable times 

222 



§21-1991 Education §21-2002 

for the inspection of the public. All of such records shall be preserved as a 
permanent record of the school district. 
1945 (44) 294. 

Article 8. 

Jefferson Centralized High School District. 
§21-1991. Area. 

The area of Jefferson Centralized High School District shall be composed 
of Clark School District No. 2, Center Grove District No. 46, Jefferson 
Common School District No. 9 of Chesterfield County and that portion of 
Plains Common School District No. 24, of Chesterfield County which lies 
within Jefferson township of Chesterfield County. 

1942 Code § 5559-1; 1932 Code § 5636; 1927 (35) 796; 1949 (46) 316. 

§ 21-1992. Trustee from District No. 24. 

The board of trustees of Plains Common School District No. 24, of Chester- 
field County, shall select one of its members to serve upon the board of trustees 
of Jefferson Centralized High School District. This member shall be other 
than the member who acts as a trustee of Pageland Centralized High School 
District. 

1942 Code § 5559-1; 1932 Code § 5636; 1927 (35) 796. 

§ 21-1993. District incorporated. 

Jefferson Centralized High School District is hereby created a body politic 
and corporate with powers and duties and subject to all the regulations pro- 
vided by law in respect to centralized high school districts. 

1942 Code § 5559-1; 1932 Code § 5636; 1927 (35) 796. 

Article 9. 
McBee Centralized High School District No. 16. 

§21-2001. Establishment. 

The following named common or grammar school districts of Chesterfield 
County, to wit: Green Hill No. 50, Leland No. 47, McBee No. 39, Middledorf 
No. 38, Prospect No. 41, Providence No. 4, Ousley No. 49, Sandy Run No. 52, 
and Union No. 10 as constituted on March 13 1944 are hereby declared to be a 
high school district, that is to say a body corporate, which shall be known and 
designated as McBee Centralized High School District No. 16 of Chesterfield 
County, South Carolina. The trustees of said school district shall establish, 
maintain and operate a centralized high school for said common or grammar 
school districts. 

1944 (43) 1222. 

§ 21-2002. Number and qualifications of trustees ; terms. 

The board of trustees of McBee Centralized High School District No. 16 
shall be composed of six trustees, three of whom shall be qualified electors 
residing in McBee Grammar School District No. 39 and three of whom shall 

223 



§21-2003 Code of Laws of South Carolina §21-2006 

be qualified electors residing in McBee Centralized High School District No. 
16 but not within the area of McBee Grammar School District No. 39. 
1951 (47) 386. 

§21-2003. Terms. 

The board of trustees having been elected in a special general election in 
1952 and, of the trustees so elected, two from the area of McBee Grammar 
School District No. 39 having been elected to serve for terms of two years 
and the third trustee from McBee Grammar School District No. 39 having 
been elected to serve for a term of four years and one of the trustees from 
without the area of McBee Grammar School District No. 39 having been 
elected to serve for a term of two years and the other two of such trustees to 
serve for terms of four years, at the expiration of such original terms all terms 
shall be for four years commencing on April 1 of the years in which the mem- 
bers are elected. 

1951 (47) 386. 

§21-2003.1. Election of trustees. 

The commissioners of election for Chesterfield County shall order a special 
general election to be held on the second Tuesday in March in each even num- 
bered year to elect the trustees for McBee Centralized High School District 
No. 16. Nominations shall be by petition signed by twenty-five qualified 
electors of the district, such nominating petitions to be filed with the county 
board of education not later than noon on the first Tuesday of March preceding 
the election. All candidates shall be voted on throughout the area of the 
district. The commissioners of election for the county shall provide ballots, 
ballot boxes and all other necessary materials for use in the election, shall 
appoint managers and clerks for each of the polls or election precincts where 
the qualified electors residing in the area of the district are entitled to vote, 
shall give ten days' notice of such election by publication in one or more of 
the newspapers published and circulated in the county and shall canvass and 
tabulate the returns and declare the results thereof. 

1951 (47) 386. 

§ 21-2004. Chairman and clerk. 

The board of trustees shall elect one of their members as chairman and an- 
other as clerk of the board. 

1944 (43) 1222. 

§ 21-2005. General powers of trustees. 

The board of trustees may exercise all of the powers and do all of the acts 
and things necessary to establish, maintain and operate McBee Centralized 
High School. 

1944 (43) 1222. 

§ 21-2006. High school building. 

The McBee Centralized High School shall be held and conducted in the 

224 



§ 21-2007 Education § 21-2022 

high school building of McBee School District No. 39, located at McBcc, South 
Carolina. 

1944 (43) 1222. 

§ 21-2007. Apportionment of expenses. 

The apportionment of the expenses of maintaining, repairing and operating 
said school building shall be determined and fixed by agreement between the 
trustees of said McBee Centralized High School District No. 16 and McBee 
School District No. 39 or, in case of disagreement, by the county board of 
education. 

1944 (43) 1222. 

§21-2008. Taxes. 

For the purposes of establishing, maintaining, supporting and operating 
such centralized high school for said common or grammar school districts the 
county board of education of Chesterfield County shall levy annually on all of 
the taxable property of McBee Centralized High School District No. 16 a 
tax for school purposes sufficient to maintain and operate such high school. 
Such tax shall be levied and collected annually as any other taxes are levied 
and collected. The proceeds of the tax shall be used and expended for school 
purposes only and in accordance with the provisions of article 4 of this chapter. 
All of such tax levies shall be uniform on all of the taxable property of McBee 
Centralized High School District No. 16. 

1944 (43) 1222. 

Article 10. 
Pageland Centralized High School District. 

§21-2021. Creation. 

Pageland School District No. 43, Plains School District No. 24 except 
that portion which lies in Jefferson township, Mangum School District No. 53, 
Dudley School District No. 1, Winzo School District No. 3, Buffalo School 
District No. 27 and Zion School District No. 40 of Chesterfield County, as con- 
stituted on March 12 1926, are hereby declared to be a high school district, 
that is to say, a body corporate, and the trustees as hereinafter provided for 
are hereby declared to be high school board of trustees, and as such may 
establish a central high school for said school districts at such point in the 
territory of said school districts as said trustees deem best. And the consoli- 
dated high school, when so established, shall be entitled to all the privileges 
and benefits of rural centralized high schools approved and accepted by the 
State Board of Education. 

1942 Code § 55S9; 1932 Code § 5635; 1926 (34) 1467; 1927 (35) 795. 

§21-2022. Trustees. 

The high school board of trustees shall consist of one trustee from each 
of the aforesaid seven school districts, such member from each school district 
to be selected by the school trustees of each school district. The high school 
[3 SC Code] — 15 225 



§ 21-2023 Code of Laws of South Carolina § 21-2025 

trustees shall hold office for a term of two years and until their successors 
are appointed and qualify. The high school board of trustees may do all the 
acts necessary or adapted to the establishment and maintenance of a high 
school and to that end may purchase land and erect and equip a high school 
building or buildings. 

1942 Code § S5S9; 1932 Code § 5635; 1926 (34) 1467; 1927 (35) 795. 

§21-2023. Tax for support of school. 

For the purpose of maintaining and supporting the high school established 
under the authority of this article, the county board of education shall levy 
annually a sufficient tax on all the taxable property of said high school district. 
Such tax shall be levied and collected annually in the same manner and at the 
same time as other taxes and shall be used and expended on the warrant of the 
high school board of trustees in the high school district for the support and 
maintenance of the high school. 

1942 Code § 5559; 1932 Code § 5635; 1926 (34) 1467; 1927 (35) 795. 

§ 21-2024. Approval of budget. 

The budget for such maintenance shall first be submitted and approved 
by the county board of education. 

1942 Code § 5559; 1932 Code § 5635; 1926 (34) 1467; 1927 (35) 795. 

§ 21-2025. Levies to be uniform. 

All lawful levies for maintenance and lawful levies for bonds shall be at the 
same uniform rate on the assessed valuation of each of the seven cooperating 
districts. 

1942 Code § 5559; 1932 Code § 5635; 1926 (34) 1467; 1927 (35) 795. 



CHAPTER 29. 
Clarendon County. 

Article L Article 2. 

General Provisions. Compensation of Districts for 

_ Nonresident Pupils. 

Sec. 

21-2051. Game funds only funds expendable Sec. 

by board of education. 21-2071. Reports of nonresident pupils at- 

21-2052. Borrowing in anticipation of State tending high schools. 

aid. 21-2072. Amounts due for tuition. 

21-2053. Annual report to legislative dele- 21-2073. Approval and certificate of county 

gation. superintendent. 

21-2054. Blank. 21-2074. Levy of taxes when funds not avail- 

21-2055. School trustees to report annually able. 

on school expenses and revenue. 21-2075. Duties of treasurer. 
21-2056. Increase in special school levies. 21-2076. Definitions. 

21-2057. Reduction of special school levies. 
21-2058. Payment of insurance premiums 

due to State Budget and Control 

Board, 

226 [3 SC Code] 



§ 21-2051 Education § 21-2055 

Article 1. 
General Provisions. 

§21-2051. Game funds only funds expendable by board of education. 

The game fund shall be annually credited by the county treasurer as and 
when received to the board of education of Clarendon County and by it ex- 
pended for school purposes in the various school districts of the county, as 
is in its discretion advisable and useful in the equalization of the educational 
opportunities and advantages of the children of the county. But no part 
of such funds shall ever be used for the benefit of the county superintendent 
or any member of the board, either directly or indirectly, whether for ex- 
penses or otherwise. There shall be no other or further funds expended by 
the county board of education of said county. Any violation of the terms of 
this section shall constitute a misdemeanor and be punishable by fine or im- 
prisonment in the discretion of the court. 

1942 Code § 5560-1; 1932 Code § 5320; 1931 (37) 643. 

§ 21-2052. Borrowing in anticipation of State aid. 

The treasurer of Clarendon County may borrow money each year and issue 
his note or notes therefor. Such money shall be used exclusively for school 
purposes. And he may pledge as security for the payment of the note or 
notes herein authorized to be issued all funds annually allocated to Clarendon 
County under article 1 of chapter 8 of this Title; provided, however, that the 
treasurer of Clarendon County shall not at any time borrow annually more than 
eighty-five per cent of the anticipated fund to be derived under said article. 

1942 Code § 5560; 1932 Code § 5320; 1928 (35) 1823. 

Cross reference. — As to repeal of 6-0-1 
Law, see 1933 Acts [1933 (38) 567]. 

§ 21-2053. Annual report to legislative delegation. 

The board of education of Clarendon County shall annually report not later 
than the fifteenth of January to the county legislative delegation its expendi- 
tures during the preceding year, such report to show in detail the amount 
and nature of all expenditures and the balance then in hand. Any violation 
of the terms hereof shall constitute a misdemeanor and be punishable by fine 
or imprisonment in the discretion of the court 

1942 Code § 5560-1; 1932 Code § 5320; 1931 (37) 643. 

§ 21-2054. Blank. 

§ 21-2055. School trustees to report annually on school expenses and revenue. 

The various boards of trustees of the school districts of Clarendon County 
shall each, respectively, on or before June 1st of each year, submit to the 
county superintendent of education of said county estimates of the necessary 
expenditures for the operation of such school districts during the ensuing 
school year, together with estimates of the revenue, including state aid, ap- 
plicable thereto, and such budgets shall be reviewed by the county board 

227 



§21-2056 Code of Laws of South Carolina §21-2071 

of said county and approved or disapproved after all necessary consultation 
with the district boards. 

1942 Code § 5562; 1937 (40) 355. 

§ 21-2056. Increase in special school levies. 

If in the judgment of the county board the special levy for district pur- 
poses for the preceding year in any district is insufficient to provide for the 
necessary operating expenses for the ensuing year, the county board shall, 
if desired by the local board, provide for an election in any such school 
district to increase such special levy and if the result of such election, which 
shall be held in accordance with the existing law upon such subject but with- 
out petition therefor, is favorable to the proposed increase in the special levy, 
the result of such election shall be declared and certified by the county board 
to the county auditor, who shall apply the increased levy, enter it on his books 
and collect such levy as other property taxes are collected. But the special 
levy in any school district as so increased shall never exceed thirty-two mills. 

1942 Code § 5562; 1937 (40) 355; 1948 (45) 1635. 

§ 21-2057. Reduction of special school levies. 

The county board of education may, after approval by it of the annual 
budget of any school district, order the reduction for the current year of the 
special school levy in any school district when such levy may be decreased 
without apparent danger of a deficit in the operation of the schools of the 
district during the following school year. And the county auditor shall ac- 
cept the certificate of the county board of education for such reduction in 
the levy. 

1942 Code § 5562; 1937 (40) 355. 

§ 21-2058. Payment of insurance premiums due to State Budget and Control 
Board. 

Whenever any school district of Clarendon County shall be delinquent more 
than one year in the payment of insurance premiums to the State Budget and 
Control Board the secretary of said Board shall certify the fact and amount 
of such delinquency to the auditor of the county who shall thereupon levy a 
tax upon all of the property of such district sufficient to pay such delinquency, 
and such tax shall be assessed and collected as other property taxes and the 
proceeds thereof paid to the State Budget and Control Board by the county 
treasurer in discharge of such delinquency. But if the millage necessary there- 
for shall exceed five mills, then only five mills shall be levied per year, of so 
much thereof as shall be necessary, until such delinquency is paid in full. 

1942 Code § 5560-3; 1939 (41) 550. 

Article 2. 

Compensation of Districts for Nonresident Pupils. 

§ 21-2071. Reports of nonresident pupils attending high schools. 

On or before the first day of July, annually, the superintendent or prin- 

22S 



§ 21-2072 Education § 21-2075 

cipal of each state-accredited high school in Clarendon County shall submit a 
written and verified statement to the auditor of said county which shall show 
the number and list the names of all pupils who were lawfully in attendance 
upon each such school during the preceding scholastic year who were not bona 
fide residents of the school districts maintaining such high school, such report 
to be itemized in accordance with the district of residence of such school pu- 
pils. 

^oA-> r de § 5561; 1932 Code § 5623; 1931 (37) 646; 1937 (40) 360; 1938 (40) 1845; 1947 
(45) 542. 

§ 21-2072. Amounts due for tuition. 

Such reports shall include a calculation of the amount due each high school 
district in the nature of tuition at the rate of thirty-five dollars per school 
pupil per scholastic year, and each high school district shall be entitled to 
reimbursement from each other school district sending pupils to the school 
of such district upon the largest enrollment thereby arising at any time during 
the scholastic year. But this amount may be greater upon the written agree- 
ment of the board of trustees of the district of such nonresident pupil. 

1942 Code § 5361; 1932 Code § 5623; 1931 (37) 646; 1937 (40) 360; 1938 (40) 1S45; 1947 
(45) 542. 

§ 21-2073. Approval and certificate of county superintendent. 

Such report shall be approved by the county superintendent of education 

who shall, in his approval, certify whether or not such nonresident school 

pupils were lawfully entitled to attend the respective schools upon which they 

are reported to have been in attendance. He shall also certify whether the 

tuition fees, at the rate herein specified, have been paid to the various high 

school districts or whether the districts of residence have in hand funds with 

which such tuition fees will be paid prior to the commencement of the next 

school term. 

1942 Code § 5561; 1932 Code § 5623; 1931 (37) 646; 1937 (40) 360; 1938 (40) 1845; 1947 
(45) 542. 

§ 21-2074. Levy of taxes when funds not available. 

When the tuition fees have not been paid and the districts of residence are 
without funds which they will pay prior to the next school term, the county 
auditor, from the information furnished by such reports and other information 
in his office thereupon, shall calculate the millage necessary to levy upon all 
of the taxable property of the various school districts in which such nonresi- 
dent school students reside and shall levy a sufficient tax upon the property 
of such districts to raise the amount necessary to reimburse the high school 
districts as herein provided, allowing a reasonable margin for uncollected taxes. 

1942 Code § 5561; 1932 Code § 5623; 1931 (37) 646; 1937 (40) 360; 1938 (40) 1845; 1947 
(45) 542. 

§21-2075. Duties of treasurer. 

The county treasurer shall collect such taxes and, as collected, credit the 
same to the various high school districts entitled thereto under the terms here- 

229 



§ 21-2076 



Code of Laws of South Carolina 



§21-2172 



of, and such taxes shall go into the general school funds of such high school 
districts until the amount of the tuition fees for which the taxes were levied 
shall be paid in full, after which all surplus collections shall be paid into the 
school funds of the district from which such taxes are collected. 

1942 Code § 5561; 1932 Code § 5623; 1931 (37) 646; 1937 (40) 360; 1938 (40) 1845. 

§21-2076. Definitions. 

The term "high school district" as used in this article shall be taken to mean 
any school district which maintains a state-accredited high school. 

The term "district of residence," as applied to school students attending 

schools operated by other than their own districts, shall be taken to mean the 

school district in which such school student actually resides or in which his 

parents or guardian reside or in which he usually maintains his residence. 

1942 Code § 5561; 1932 Code § 5623; 1931 (37) 646; 1937 (40) 360; 1938 (40) 1845; 1947 
(45) 542. 



CHAPTER 30. 
Colleton County. 



See. Sec. 

21-2171. County to pay all school expenses. 21-2182. 

21-2172. School busses and indebtedness 

therefor. 21-2183. 

21-2173. Bonds to be paid by county. 21-2184. 

21-2174. County board to administer fi- 
nances. 21-2185. 

21-2175. Rules and regulations. 

21-2176. Increased salaries and expenses. 21-2186. 

21-2177. Educational advisory board. 

21-2178. Compensation of members of 21-2187. 
board. 21-2188. 

21-2179. Meetings and duties. 21-2189. 

21-2180. Trustee boards to file budgets. 

21-2181. Advisory board to consider budg- 
ets. 



Review of budgets by county 
board. 

Tuition and fees; enrollment. 

Taxes for school expenses; build- 
ing fund. 

County board levy and rental and 
free textbook system not affected. 

Establishment of funds and special 
accounts. 

Warrants. 

Borrowing. 

Refunding notes. 



§ 21-2171. County to pay all school expenses. 

All operating expenses and transportation charges of the schools of Colleton 
County above the amount paid by the State are hereby imposed upon the 
county, and all school districts in said county are hereby relieved of payment 
of such expenses. 

1944 (43) 1193. 



§ 21-2172. School busses and indebtedness therefor. 

All school busses formerly acquired by any of the school districts of Colleton 
County have become the property of the county and any existing indebtedness 
incurred by the districts therefor is hereby imposed upon the county. 

1944 (43) 1193. 

230 



§21-2173 Education §21-2178 

§21-2173. Bonds to be paid by county. 

Payment of the principal and interest on all outstanding school bonds of the 
various districts of Colleton County for the costs of construction, maintenance 
and repairs of all school buildings is hereby imposed upon the county, and all 
school districts are hereby relieved of the same. 

1944 (43) 1193. 

§ 21-2174. County board to administer finances. 

The county board of education shall administer the financial affairs of the 
schools of the county in an economical manner and within the revenues pro- 
vided therefor. 

1944 (43) 1193. 

§ 21-2175. Rules and regulations. 

The county board of education and the county superintendent of education 
may promulgate rules and regulations not in conflict with the provisions of 
this chapter for the proper administration of the school affairs of Colleton 
County. 

1944 (43) 1193. 

§ 21-2176. Increased salaries and expenses. 

In view of the increased amount of work to be done by the county board of 
education under the provisions of this chapter the three members thereof shall 
each be paid an annual sum from the general school funds of the county, in 
addition to other compensation provided by law. The county superintendent 
of education may use three hundred dollars per year from the general school 
funds for extra clerical assistance. 

1944 (43) 1193. 

§ 21-2177. Educational advisory board. 

The Colleton County educational advisory board is hereby continued under 
the terms and limitations herein prescribed. The educational advisory board 
shall be composed of one person from each township in the county to be ap- 
pointed by the county superintendent of education. The members of this 
board shall serve a term of two years and until their successors are appointed 
and assume the duties of their position, the term of the present board to ex- 
pire July 1 1953. 

1944 (43) 1193. 

§ 21-2178. Compensation of members of board. 

The members of said advisory board shall be paid a per diem and mileage of 
five cents per mile each way from their home to the courthouse for each day 
used in meetings of the board. Such amount shall be paid from the general 
school funds. But such per diem and mileage shall not exceed in any one year 
the sum of five hundred dollars for all of the members of the advisory board. 

1944 (43) 1193. 

231 



§21-2179 Code of Laws of South Carolina §21-2183 

§ 21-2179. Meetings and duties. 

The advisory board shall meet upon call of the county superintendent of 
education. Five members of the advisory board at any meeting shall con- 
stitute a quorum for the transaction of business. The advisory board shall 
confer with the county board of education in the administration of the school 
affairs of the county under the provisions of this section. The advisory board 
shall perform such other duties as the county board of education or the county 
superintendent may request. 

1944 (43) 1193. 

§ 21-2180. Trustee boards to file budgets. 

Every board of trustees in Colleton County shall file with the county board 
of education, not later than April 15th of every year, an itemized detailed 
school budget showing all of the estimated expenses of the school in its district 
for the next ensuing year. 

The county board of education shall submit to the various boards of trustees 
printed forms and full instructions concerning the preparation and submission 
of annual school budgets and shall cooperate fully with the local boards in 
the proper preparation of said budgets. 

1944 (43) 1193. 

§ 21-2181. Advisory board to consider budgets. 

The Colleton County educational advisory board shall consider the budgets 
for the various schools in Colleton County and make recommendations to the 
county board of education as to proper disposition of such budgets. 

1944 (43) 1193. 

§ 21-2182. Review of budgets by county board. 

The county board of education for Colleton County may review, modify, 
amend, reduce, increase or change any of the school budgets for the schools 
of the county filed with it each year and, within the revenue provided by 
§§ 21-2184 and 21-2185 shall furnish funds for the operation of the schools. 

1944 (43) 1193. 

§ 21-2183. Tuition and fees ; enrollment. 

No tuition fees for either high school or elementary pupils shall be charged 
by the county or any school district in the county, and all schools shall be 
required to enroll any pupil designated by the county board of education to 
attend any particular school in the county. Nothing herein contained shall 
interfere with the right of the various schools to charge student fees in the 
manner in which student fees are now imposed, but in submitting school 
budgets the trustees shall credit on the budgets so submitted the estimated 
amounts to be derived from student fees in order that the total net budget may 
be reduced thereby. 

1944 (43) 1193. 

232 



§21-2184 Education §21-2188 

§ 21-2184. Taxes for school expenses; building fund. 

The auditor of Colleton County shall levy and the treasurer shall collect each 
year a levy as directed in the county supply act each year upon all the prop- 
erty in the county for the purpose of paying- all the operating expenses of the 
schools of the county, for building reserves for new equipment, for repairs to 
school buildings and for any and all purposes other than those borne by the 
State and, in addition, a continuing levy of five mills each year on all the 
property in the county for the payment of the existing bond issues, and the 
principal and interest and sinking funds therefor, for any new issues which 
may be necessary from year to year, for necessary betterments, enlargements 
and extensions of existing buildings and for the establishment of reserves 
for building purposes. Any funds established as reserves for building pur- 
poses from the proceeds of such five mill levy may be expended by the county 
superintendent of education for new buildings or improvements (not includ- 
ing repairs) to existing buildings. 

1944 (43) 1193. 

§ 21-2185. County board levy and rental and free textbook system not affected. 

Nothing herein contained shall affect the present levy of one-half mill for 
count)' board purposes, which shall continue in full force and effect and shall 
be disbursed by the county board in its discretion for educational purposes ; 
nor shall this chapter interfere with the existing provisions of law for the 
operation of a county rental and free textbook system. 

1944 (43) 1193. 

§ 21-2186. Establishment of funds and special accounts. 

The county superintendent of education and the county treasurer may es- 
tablish such funds and special accounts as ma}' be necessary to effectuate the 
purpose of this chapter. All moneys received from the State for transportation, 
teachers' salaries and for any other purpose shall be deposited in the proper 
operating school account and disbursed as herein provided. 

1944 (43) 1193. 

§21-2187. Warrants. 

All warrants for the disbursing of moneys for the operating expenses of 
the schools of the county shall be signed by the boards of trustees as provided 
by law and shall be approved by the county superintendent of education before 
they shall be paid by the county treasurer. All warrants for the disbursing of 
funds for all other purposes shall be drawn by the county superintendent of 
education on the proper accounts in the office of the county treasurer. 

1944 (43) 1193. 

§ 21-2188. Borrowing. 

Upon the written request of the county board of education, the superin- 
tendent of education and the treasurer of Colleton County shall borrow from 
time to time as needed during any fiscal year such sums of money as may be 
necessary to pay the school claims of said county, but in no event shall any 

233 



§ 21-21S9 Code of Laws of South Carolina §21-2189 

loan exceed seventy-five per cent of the amount of school revenues of the 
county including State aid. Any loans made hereunder shall be borrowed at 
the lowest obtainable rate of interest in no case to exceed six per cent per 
annum. As security for any such loan all taxes levied and collected for 
school purposes in Colleton County and anticipated State aid for the cur- 
rent year shall be pledged as security. The county treasurer and county 
superintendent of education for Colleton County shall borrow the money in 
reasonable amounts from time to time as needed and the county treasurer 
shall repay the same, or any portion thereof, as rapidly as taxes are collected 
therefor, together with the interest thereon, with due regard to the necessity 
of using the necessary amount of incoming current taxes to keep the schools 
in operation during the current year. Interest on moneys borrowed hereun- 
der shall be paid from the fund of the county board of education or the county 
unit tax and such interest must be paid promptly when due. 
1942 Code § SS64; 1932 Code § 5320-A; 1929 (36) 793, 796. 

§21-2189. Refunding notes. 

The county superintendent of education and the county treasurer may 
issue notes to refund or refinance the outstanding bond issues of any school 
district in Colleton County for the payment of which funds are not available 
and such notes shall be payable both as to interest and principal from the 
county-wide levy of five mills herein provided for school bonds and other 
purposes. But such officials shall not issue any notes above an amount which 
together with outstanding bonded indebtedness and interest on all bonds can 
be paid from the continuing levy provided for school bonds and other purposes. 
Such officials shall determine the denomination, dates of maturity and rates 
of interest of such notes and shall provide all necessary rules and regulations 
for such issuance. 

1944 (43) 1193. 



CHAPTER 31. 
Darlington County. 

Article 1. Sec. 

Board of Education. 21-2262. Estimates of income of school dis- 

c tricts. 

it oi'ro r~ z t. c 21-2263. Payments in excess of estimates 

21-2252. Compensation of members of - , ., .. . 

. , , prohibited. 

county board. -, _--. -.f , 

o, ooc, ,- , , . .■ , c 21-2264. shortage of revenues. 

21-2253. General duties and powers ot 00 ..,, „ ll . 

. . 22-2265. Penalties. 

board. 

21-2254. Board to fix school budgets. Article 3 

21-2255. Approval of county board for ex- 
penditures. Blank. 

Article 2. Article 4. 

County Superintendent of Education. Supplemental Teachers' Salaries. 

21-2261. Bond; vacancy; information for 21-2291. Supplemental salaries of certified 
board. school personnel. 

21-2292. Sources of payment. 

234 






§ 21-2252 Education § 21-2261 

Article 5. 
Aid for Weak Schools. 

Sec. 
21-2301. Tax for weak grammar schools. 
21-2302. Tax for weak high schools. 

Article 1. 
Board of Education. 

§ 21-2252. Compensation of members of county board. 

The members of the county board of education of Darlington County shall 
receive such compensation for their service as shall be prescribed by the 
manager. All members of the board of education shall be paid from the funds 
of the county at the rate of five cents per mile for each mile of travel in at- 
tendance upon meetings of the board. 

1942 Code § 5S67; 1941 (42) 292. 

§ 21-2253. General duties and powers of board. 

The county board of education shall perform all the duties imposed upon 
and shall possess all the powers and authority vested in the county board of 
education of Darlington County on May 27 1941 and shall furnish to the county 
manager any information relating to the public schools of the county that he 
may require from time to time. 

1942 Code § 5567; 1941 (42) 291. 

§ 21-2254. Board to fix school budgets. 

The county board of education shall fix budgets for the expenditures of the 
several public schools in the county, and the schools shall be operated in con- 
formity therewith. 

1942 Code § 5567; 1935 (39) 370. 

§ 21-2255. Approval of county board for expenditures. 

The trustees of the several school districts in Darlington County shall not 
make any contracts calling for the expenditure of money without first secur- 
ing in writing the approval of the county board of education of said county, 
and any such contract made without such approval shall be null and void. 

1942 Code § 5567; 1935 (39) 370. 

Article 2. 

County Superintendent of Education. 

§ 21-2261. Bond; vacancy; information for board. 

The superintendent of education of Darlington County shall execute a fidel- 
ity bond in the sum of five thousand dollars in favor of the county with a sure- 
ty company authorized to do business in this State. The premium on such 
bond shall be paid from count}' ordinary funds. The superintendent shall 
furnish to the county board of education any information relating to the 
public schools of the county that the board may require. A vacancy in the 

235 



§21-2262 Code of Laws of South Carolina §21-2291 

office of county superintendent of education shall be filled for the unexpired 
term by the county board. 

1942 Code § 5567; 1941 (42) 292. 

§ 21-2262. Estimates of income of school districts. 

The superintendent of education for Darlington County shall, not later than 
April the first of each year, furnish or cause to be furnished to the trustees 
of every common school district and every high school in the county and to 
the county treasurer of said county an estimate of the school income for the 
respective school districts of said county for such scholastic year. 

1942 Code § 5567-1; 1932 Code § S320-B; 1927 (35) 287. 

§ 21-2263. Payments in excess of estimates prohibited. 

The superintendent of education of Darlington County is forbidden to 
approve and the county treasurer to pay any voucher in excess of the esti- 
mated income for any district in the county. 

1942 Code § 5567-1; 1932 Code § 5320-B; 1927 (35) 287. 

§21-2264. Shortage of revenues. 

The superintendent of education of Darlington County shall use all care and 
diligence in carrying out the provisions set out in § 21-2262, and in case there 
should be a shortage in the amount estimated in any one or more school 
districts, due to shrinkage in revenue, the superintendent shall require the 
trustees of such district to take care of such shortage in such year and not 
allow any indebtedness to accrue from year to year. If necessary in order 
to carry out the provisions of this section the trustees of any such school dis- 
trict shall, with the county auditor, levy a tax of not more than two mills. 

1942 Code § 5567-1; 1932 Code § 5320-B; 1927 (35) 287. 

§21-2265. Penalties. 

Any official found guilty of a violation of the provisions of this article shall 
be subject to a fine of not less than fifty dollars nor more than one hundred 
dollars for each and every offense. 

1942 Code § 5567-1; 1932 Code § 5320-B; 1927 (35) 287. 

Article 3. 

Blank. 
Article 4. 

Supplemental Teachers' Salaries. 

§ 21-2291. Supplemental salaries of certified school personnel. 

All certified school personnel in Darlington County holding Grade A or Grade 
B certificates shall be paid ten dollars per month and all such personnel hold- 
ing Grade C or Grade D certificates shall be paid five dollars per month. Such 
payments shall be made by Darlington County for the school term, not ex- 
ceeding nine months, and shall be in addition to all other salaries or remunera- 

236 



§ 21-2292 Education § 21-2302 

tions paid to such personnel. The county superintendent of education shall 
monthly draw claims on the county treasurer in payment of the amounts 
herein provided for and the county treasurer shall honor such claims. 
1951 (47) 121. 

§ 21-2292. Sources of payment. 

All sums received by Darlington County from income tax and insurance 
license fees are hereby pledged for the purposes of this article. Should the 
amount so received be insufficient, the tax officials of the county shall levy 
and collect sufficient taxes to make up the deficiency. Should there be an ex- 
cess from such funds, the county treasurer shall place the excess in the general 
fund of the county. 

1951 (47) 121. 

Article 5. 
Aid for Weak Schools. 

§ 21-2301. Tax for weak grammar schools. 

The county auditor of Darlington County shall levy, and the treasurer of 
said county shall collect, a tax of one-half of one mill on all the taxable prop- 
erty of the county, to be used for aid to weak grammar schools in the county 
and apportioned among them in such allotments as the county board of edu- 
cation shall approve and to be disbursed on warrants of the county superin- 
tendent of education. 

1942 Code § 5567-2; 1937 (40) 98. 

§ 21-2302. Tax for weak high schools. 

There shall be levied and collected annually by the public officers of Darling- 
ton County a tax of one-half of one mill upon all the taxable property in said 
county, the proceeds of which shall be used to aid weak high schools in the 
county. Such funds shall be allocated to the needy schools annually in such 
manner and amount as the county board of education after giving consideration 
to the needs may determine. 

1942 Code § 5567-3; 1936 (39) 1442. 



CHAPTER 32. 

Dillon County. 

Article 1. Sec. 

County Superintendent, County Board 21-2358. Person appointed trustee for two 

and School Trustees. districts. 



Sec. 



Article 2. 



21-2351. County superintendent. „ 

21-2352 to 21-2354. Blank. Supervisor of Rural Schools. 

21-2355. Meetings. 21-2371. Appointment 

21-2356. Duties of county board. 21-2372. Duties. 

21-2357. Supervision of supplies and equip- 
ment 

237 



§ 21-2351 



Code of Laws of South Carolina 



§ 21-2354 



Article 3. 
School Expenditures. 
Sec. 
21-2381. Board to estimate income of school 

districts. 
21-2382. System of school district accounts. 
21-2383. Purchase of supplies. 
21-2384. Repairs to school buildings. 
21-2385. Approval and form of claims. 
21-2386. Form for disbursements. 
21-2387. Payment of excess warrants. 
21-2388. Condition of allowing payment of 

excess warrants. 
21-2389. Penalties. 

Article 4. 

High School Districts. 

21-2401. Creation. 

21-2402. Establishment of high schools. 

21-2403. Trustees. 

21-2404. Powers of trustees. 

21-2405 to 21-2409. Blank. 

21-2410. Tax for maintenance of schools. 

21-2411. Tax rate uniform. 

Article 5. 
Blank. 



Article 6. 

Lake View Centralized High School 
District and Hillsboro No. 23. 

Sec. 

21-2431. Created. 

21-2432. Powers of trustees. 

21-2433. Uniformity of tax upon districts. 

21-2434. Tax in Hillsboro School District 
No. 23. 

21-2435. Trustees of Hillsboro School Dis- 
trict No. 23. 

21-2436. Grammar school; expenses. 

Article 7. 

High School Athletic and 
Recreational Boards. 

21-2451. Appointment; terms; vacancy. 

21-2452. Officers; special meetings. 

21-2453. Purpose. 

21-2454. Control of buildings, etc. 

21-2455. Allocation of certain receipts to 

board; use thereof. 
21-2456. Blank. 
21-2457. Gifts. 

21-2458. Accounts; surplus funds; audit 
21-2459. Extent of authority given. 



Article L. 

County Superintendent, County Board and School Trustees. 

§ 21-2351. County superintendent. 

The superintendent of education for Dillon County shall be appointed by 

the Governor upon recommendation of the county board of education, or a 

majority thereof. The term of office of the superintendent shall be for two 

years commencing July first and until his successor has been appointed and 

duly qualified and he shall perform all the duties imposed upon the county 

superintendent of education, devoting his entire time and attention exclusively 

to the supervision of schools and the welfare of schools in Dillon County. In 

addition thereto he shall perform any and all duties as directed under the 

supervision and control of the county board of education. The compensation 

for his services shall be payable monthly and he shall receive four hundred 

dollars additional for annual expenses of travel, payable monthly. He shall in 

no way receive any further compensation. 

1942 Code §§ 5301, 5572; 1932 Code §§ 4398, 5308; Civ. C. '22 § 2566; Civ. C. '12 § 1717; 
Civ. C. '02 § 1186; 1896 (22) 150; 1903 (24) 58; 1907 (25) 652; 1908 (25) 1350; 1909 (26) 
124, 180; 1910 (26) 698, 699, 700; 1911 (27) 62; 1912 (27) 683, 684; 1914 (28) 494, 497, 647; 
1915 (29) 185, 515; 1919 (31) 75; 1920 (31) 1068; 1921 (32) 104, 130; 1923 (33) 41; 1924 
(33) 1157; 1925 (34) 121, 144; 1927 (35) 254; 1928 (35) 1291; 1929 (36) 1, 7, 33, 227, 267; 
1931 (37) 40, 77, 389; 1937 (40) 202; 1951 (47) 506. 

§§ 21-2352 to 21-2354. Blank. 



238 



§21-2355 Education §21-2381 

§21-2355. Meetings. 

The board of education shall meet monthly, on the first Tuesday of each 
month. 

1947 (45) 79. 

§ 21-2356. Duties of county board. 

The board of education of Dillon County shall perform all duties incumbent 
upon a county board of education, except that it shall have no authority as to 
raising or lowering any school district levy, as this shall be done by the 
county auditor according to levies made by statute. 

1942 Code § 5571; 1932 (37) 1117; 1951 (47) 99. 

§ 21-2357. Supervision of supplies and equipment. 

The board shall keep a strict supervision of all school supplies and shall see 
that all equipment is kept in proper condition and protected from abuses. 

1947 (45) 79. 

§ 21-2358. Person appointed trustee for two districts. 

When one person has been appointed as trustee for more than one school 
district in Dillon County he shall continue to act as trustee for that district for 
which he was first appointed, and the position of trustee to which he was last 
appointed shall be declared vacant by the county board of education. 

1943 (45) 1948. 

Article 2. 
Supervisor of Rural Schools. 

§21-2371. Appointment. 

The county board of education for Dillon County and the county superin- 
tendent of education shall appoint a supervisor of rural schools for Dillon 
County. 

1942 Code § 5571-1; 1932 Code § 5333; Civ. C. '22 §§ 2584 to 2586; 1914 (28) 753. 

§21-2372. Duties. 

The supervisor of rural schools for Dillon County shall visit the public 
schools of the county, by and with the consent of the county superintendent 
of education, as his assistant, for the purpose of encouraging and inspiring 
greater interest in rural school work. 

1942 Code § 5571-1; 1932 Code § 5333; Civ. C. '22 §§ 2584 to 2586; 1914 (28) 753. 



Article 3. 

School Expenditures. 

§ 21-2381. Board to estimate income of school districts. 

The board of education for Dillon County shall as soon as practical during 
the month of January furnish, or cause to be furnished, to the trustees of 
every common school district and every high school in the county, to the 

239 



§21-2382 Code of Laws of South Carolina § 21-2326 

county treasurer and to the county superintendent of education an estimate 
of the school income for each scholastic year. 

1942 Code § 5571-3; 1932 Code § 5320-C; 1927 (35) 226. 

§ 21-2382. System of school district accounts. 

The board of education of Dillon County shall install and maintain in its 
office such a system of accounting as will at all times show the amount of the 
budget or appropriation for expenses of the several districts separately and 
shall cause to be posted or charged against such appropriation all expendi- 
tures made whether monthly or otherwise. 

1947 (45) 79. 

§21-2383. Purchase of supplies. 

All supplies such as gasoline, oil and busses shall be purchased by competi- 
tive bids and the board shall publish in The Dillon Herald a list of its 
needs and shall ask for sealed bids and announce the date for the opening 
thereof. When the low bidder is financially responsible the board shall con- 
tract with such low bidder. 

1947 (45) 79. 

§ 21-2384. Repairs to school buildings. 

The board of education for Dillon County may examine the several school 
buildings in the county and contract for painting or other necessary repairs 
to them from the appropriation in the annual county supply acts made for that 
purpose, but shall not at any time exceed such annual appropriation. But 
nothing herein contained shall give the right to the board to enlarge or 
construct school buildings. 

1947 (45) 79. 

§ 21-2385. Approval and form of claims. 

All expenditures of school funds in Dillon County each fiscal year shall be 
approved by at least one member of the board of trustees of the district 
affected, and any and all claimants must prepare claims on a form known as 
county school claim, which shall be itemized and properly sworn to. But 
the foregoing provision shall not apply to county board funds or to other 
funds which have been budgeted by a school district. The board of education 
of Dillon county shall issue all checks or vouchers in payment of claims, and 
before payment of any claim is made it must bear the approval of a majority 
of the board. The board of education may reject payment of any claim, pro- 
vided such claim is not due or has not been properly budgeted as an obliga- 
tion of the district to which it was to have been charged. 

1947 (45) 79. 

§21-2386. Form for disbursements. 

Disbursements shall be made on a form similar to that of the governing 
body of the county except that it shall bear the heading, BOARD OF EDUCA- 
TION, DILLON COUNTY. 

1947 (45) 79. 

240 



§21-2337 Education §21-2401 

§ 21-2387. Payment of excess warrants. 

The superintendent of education shall not approve and the county treasurer 
shall not pay any voucher in excess of the estimated income from any district 
in the county except on the written approval of the county board of education. 

1942 Code § S571-3; 1932 Code § 5320-C; 1927 (35) 226. 

§ 21-2388. Condition of allowing payment of excess warrants. 

The county board of education shall, before giving written permission to 
the superintendent of education to approve and to the county treasurer to 
pay any voucher in excess of the estimated income of any district, require the 
trustees of such district to execute a promissory note in favor of the county 
board of education covering such overdraft. Such note shall be countersigned 
by both the county superintendent of education and the county treasurer. It 
may or may not, in the discretion of the county board of education, bear in- 
terest at a rate not in excess of seven per cent per annum and shall mature at 
such time or times as the board of education in its discretion may name. 

1942 Code § 5571-3; 1932 Code § 5320-C; 1927 (35) 226. 

§21-2389. Penalties. 

Any official found guilty of violation of the provisions of §§ 21-2381, 21-2387 
or 21-23S8 shall be subject to a fine of not less than fifty dollars nor more 
than one hundred dollars for each and every offense so committed. 

1942 Code § 5571-3; 1932 Code § 5320-C; 1927 (35) 226. 

Article 4. 

High School Districts. 
§21-2401. Creation. 

The count}" board of education of Dillon County has divided the county into 
three centralized high school districts by consolidating for high school pur- 
poses the former common school districts pursuant to authority of law here- 
tofore conferred upon the board, two or more common school districts form- 
ing one centralized high school district and such high school districts being 
so laid off and formed as to best serve the educational interests of said county. 
Each high school district so formed and established by action of the county 
board is a body corporate with a board of high school trustees as hereinafter 
provided for. In consolidating the common school districts of the count}' 
into three centralized high school districts as provided herein, the centralized 
high school district created by article 6 of this chapter and known as the 
Lake View High School District was counted and regarded as one of such 
centralized high school districts and two additional high school districts 
were created. Said Lake View High School District shall in no way be af- 
fected by this article, except by § 21-2403. 

1942 Code § 5573; 1932 Code § 5641; 1925 (34) 691; 1928 (35) 1842; 1937 (40) 332. 

Constitutionality.— This section, provid- § 34. Powell v. Hargrove, 136 S. C. 345, 
ing for the division of Dillon County into 134 S. E. 380 (1926). 

high school districts, is not a special Iegis- It does not violate S. C. Const., Art. 11, 

lation in violation of S. C. Const., Art. 3, § 5, as disregarding the provisions thereof 
[3SCCode] — 16 241 



§21-2402 Code of Laws of South Carolina §21-2404 

for the division of Dillon County into suit- This section providing for the division 

able school districts. Powell v. Hargrove, into high school districts and vesting the 

136 S. C. 345, 134 S. E. 380 (1926). county board of education with the power 

The section does not interfere with or to levy taxes for the support of high 

diminish school taxes, or the method of schools, does not violate S. C. Const., Art. 

apportionment thereof, in violation of S. C. 10, § S, in view of Art. 11, § 3. This is not 

Const., Art. 11, §6. Powell v. Hargrove, a delegation of power to assess and collect 

136 S. C. 345, 134 S. E. 3S0 (1926). taxes in violation of S. C. Con t., Art. 10, 

It does not violate S. C. Const., Art. 11, § 5, nor a violation of constitutional provi- 

§ 7, requiring separate schools to be pro- sions intended to limit public debt. Powell 

vided for white and colored races. Powell v. Hargrove, 136 S. C. 345, 134 S. E. 380 

v. Hargrove, 136 S. C. 345, 134 S. E. 380 (1926). 
(1926). 

§ 21-2402. Establishment of high schools. 

The board of high school trustees for each such centralized high school 
district has established a central high school in each of their respective high 
school districts at such point in each high school district as such high school 
trustees deemed best. Each of such high schools shall be entitled to all the 
privileges and benefits of centralized high schools approved and accepted by 
the State Board of Education. 

1942 Code § 5573; 1932 Code § 5641; 1925 (34) 691; 1928 (35) 1842; 1937 (40) 332. 

Cross reference. — See notes to § 21-2401. 

§21-2403. Trustees. 

The county board of education of Dillon County shall appoint a board of 
trustees for each of the three centralized high school districts in the county 
consisting of five members. Two members of Lakeview Centralized High 
School District Board shall be residents of School District 14, two members 
of the Latta Centralized High School District Board shall be residents of 
Latta School District No. 20 and two members of Dillon Centralized High 
School District Board shall be residents of Dillon School District No. 8. The 
three remaining trustees of each of said high school districts shall be ap- 
pointed from other districts forming the high school districts but not in excess 
of one shall be appointed from each other district, so as to provide that at all 
times two members shall serve from Dillon, two members from Latta and two 
members from Lakeview School District and that three members shall at all 
times serve from the rural districts composing each such centralized high 
school district. The terms of office of such trustees shall be as provided 
by law for trustees of the common school districts of the county. 

1948 (45) 1948. 

§ 21-2404. Powers of trustees. 

The high school board of trustees of each high school district may do all 
acts necessary or adapted to the establishment and maintenance of a high 
school in each of their respective high school districts and to that end may 
purchase lands and erect or purchase high school buildings in each of such 
districts and equip the same. 

1942 Code § 5573; 1932 Code § 5641; 1925 (34) 691; 1928 (35) 1842; 1937 (40) 332. 

Cross reference. — See notes to § 21-2401. 

242 [3SCCode] 



§21-2405 Education §21-2432 

§§21-2405 to 21-2409. Blank. 

§ 21-2410. Tax for maintenance of schools. 

For the purpose of supporting and maintaining such high schools, including 
the cost of transporting and conveying pupils to and from such high schools, 
the county board of education shall levy annually a uniform tax on all of the 
taxable property of the county sufficient to pay the costs and expenses of 
maintaining and operating such high schools. Such taxes shall be levied 
and collected annually in the same manner and at the same time as other taxes 
and shall be used and expended on the warrant of the high school board of 
trustees for the purpose of maintaining and operating such high schools, in- 
cluding the costs and expenses of transporting and conveying high school 
pupils to and from such high schools. 

1942 Code § 5573; 1932 Code § 5641; 1925 (34) 691; 1928 (35) 1842; 1937 (40) 332. 

Cross reference. — See notes to § 21-2401. 

§21-2411. Tax rate uniform. 

All lawful levies for maintenance and all lawful levies for bonds shall be 
at the same uniform rate on the assessed valuation of each and all of the 
common school districts federated or consolidated as high school districts. 

1942 Code § 5573; 1932 Code § 5641; 1925 (34) 691; 1928 (35) 1842; 1937 (40) 332. 

Cross reference. — See notes to § 21-2401. 

Article 5. 
Blank. 

Article 6. 
Lake View Centralized High School District and Hillsboro No. 23. 

§21-2431. Created. 

Union School District No. 12, Lake View School District No. 14, Kemper 
School District No. 16, Bermuda School District No. 17, Hillsboro School Dis- 
trict No. 23 and High Hill School No. 24, of Dillon County, as constituted on 
March 19 1924, are hereby declared to be a high school district, that is to say, 
a body corporate, and the trustees may establish a central high school for the 
five school districts at such point in the territory of said school districts as 
the trustees deem best. The consolidated high school shall be entitled to 
all the privileges and benefits of rural centralized high schools approved 
and accepted by the State Board of Education. 

1942 Code § 5575; 1932 Code § 5640; 1924 (33) 1618; 1926 (34) 1491. 

§21-2432. Powers of trustees. 

The high school board of trustees may do all acts necessary or adapted 
to the establishment and maintenance of a high school and to that end may 
purchase lands and erect and equip a high school building. 

1942 Code § 5575; 1932 Code § 5640; 1924 (33) 1618; 1926 (34) 1491. 

243 



§ 21-2433 Code of Laws of South Carolina § 21-2451 

§ 21-2433. Uniformity of tax upon districts. 

Except as may be required by the provisions of § 21-2434 with respect to the 
former Hillsboro School District No. 23, all lawful levies for maintenance 
and lawful levies for bonds shall be at the same uniform rate on the assessed 
valuation of each of the cooperating districts. 

1942 Code § 557S; 1932 Code § 5640; 1924 (33) 1618; 1926 (34) 1491. 

§ 21-2434. Tax in Hillsboro School District No. 23. 

Hillsboro School District No. 23, of Dillon County, having been incor- 
porated as a part of Lake View High School District No. 1, the proper offi- 
cials of the county shall continue to levy and collect on all property in said 
former Hillsboro School District No. 23, in addition to the sums necessary 
to be paid to Lake View High School District No. 1, the sums, if any, neces- 
sary to pay such school district's proper portion of all outstanding bonds and 
other legal obligations of said school district properly due to the school dis- 
trict to which it was sending its school children on February 11 1942. 

1942 (42) 1477, 1702. 

§ 21-2435. Trustees of Hillsboro School District No. 23. 

There shall be appointed as are other school trustees of the county three 
trustees of Hillsboro School District No. 23 with such terms and authority 
as are provided for other school districts in said county. One of said trustees 
shall be selected to represent said district as trustee of Lake View High 
School District No. 1 in the same manner as all high school trustees are 
selected in said District No. 1. 

1942 (42) 1477, 1702. 

§ 21-2436. Grammar school ; expenses. 

The children of Hillsboro School District No. 23 of grammar school age 
and eligibility shall attend the grammar schools of Lake View School Dis- 
trict No. 14, and Hillsboro School District shall pay its proper proportionate 
part of the expenses of such schools. The proper tax officials of Dillon County 
shall annually levy and collect sufficient taxes for such purposes, the amount 
to be determined by the trustees of said two school districts. 

1942 (42) 1477, 1702. 

Article 7. 

High School Athletic and Recreational Boards. 

§ 21-2451. Appointment; terms; vacancy. 

There are hereby created three boards in Dillon County to be known, re- 
spectively, as Dillon High School District Athletic and Recreational Board 
of Dillon County, Lake View High School District Athletic and Recreational 
Board of Dillon County and Latta High School District Athletic and Recrea- 
tional Board of Dillon County. Each such board shall consist of three mem- 
bers, who shall serve for terms of three years and until their successors shall 
have been appointed and qualified, the original members having been ap- 

244 



§ 21-2452 Education § 21-2455 

pointed for terms of one, two and three years. The appointments shall be 
made by a majority of the trustees of Dillon Consolidated High School Dis- 
trict, Lake View Consolidated High School District and Latta Consolidated 
High School District, respectively. In case of a vacancy among the mem- 
bership of any such board it shall be filled by appointment for the unexpired 
term in like manner. 
1943 (45) 1609, 1615, 1618. 

§ 21-2452. Officers; special meetings. 

The members of each such board shall select one of their number as chair- 
man and another as clerk and treasurer of the board who shall hold office and 
serve as the board may designate. The chairman and the clerk and treasurer 
may at any time be removed at the pleasure of the board. The chairman shall 
preside over all board meetings and may call special meetings whenever the 
interest of the board may require. The clerk and treasurer shall enter into 
a bond in the amount of five thousand dollars, the condition of which shall 
be that such clerk and treasurer shall faithfully perform his duties as such 
clerk and treasurer. The premium on such bonds shall be paid from funds of 
the respective boards. 

1948 (45) 1609, 1615, 1618. 

§21-2453. Purpose. 

The purpose of creating such boards is to provide recreational and athletic 
activities in Dillon Count)', and such boards may carry out such purposes with 
the funds herein provided for them. 

1948 (45) 1609, 1615, 1618. 

§ 21-2454. Control of buildings, etc. 

Each such board shall have full power and authority over and control of 
all its buildings and equipment and may sell or exchange any equipment 
belonging to it. In exercising such power and authority over such build- 
ings and equipment, such Board may, under such terms as it sees fit, permit, 
authorize and encourage such athletic and recreational activities in connection 
with such buildings and equipment as it deems proper. 

194S (45) 1609, 1615, 1618. 

§ 21-2455. Allocation of certain receipts to board ; use thereof. 

The treasurer of Dillon County shall, with the written approval of the 
Senator and at least one-half of the members of the State House of Repre- 
sentatives from Dillon County, allocate monthly from the proceeds of all 
fees, commissions and charges received by him from the office of the probate 
judge of said county a portion of such proceeds to each such board. The 
portion of such proceeds so allocated shall be such proportion of such proceeds 
as the 1948 assessed value of taxable property in each such school district bears 
to the 1948 assessed value of taxable property in the three centralized and 
consolidated high school districts in said county. 

1948 (45) 1609, 1615, 1618. 

245 



§ 21-2456 Code of Laws of South Carolina § 21-2459 

§21-2456. Blank. 

§21-2457. Gifts. 

Each such board may, in its discretion, accept gifts, donations and grants 
of real and personal property. But in accepting any gift, donation or grant 
the board shall not obligate itself beyond its income and ability to pay. 

1948 (45) 1609, 1615, 1618. 

§ 21-2458. Accounts ; surplus funds ; audit. 

Each such board shall have the clerk and treasurer thereof keep a complete 
and accurate itemized record of all receipts and disbursements and semi- 
annually turn over to the county treasurer surplus funds with an itemized 
statement showing such receipts and disbursements. The county treasurer 
shall apply any such surplus funds turned over to him to the payment of 
indebtedness of such board and, if there is no indebtedness of such board, 
the treasurer with such surplus funds shall set up a special account to be 
used for replacement of equipment of such board. All records are to be sub- 
ject to annual audit as other county and school accounts. 

1948 (45) 1609, 1615, 1618. 

§ 21-2459. Extent of authority given. 

Nothing contained herein shall be construed as giving authority not ex- 
ercised prior to February 5 1948 by school trustees and school officials ex- 
cept as is herein specifically provided. 

1948 (45) 1609, 1615, 1618. 



CHAPTER 33. 
Dorchester County. 

Article 1. Article 2. 

Financial Matters Generally. Taxes in Certain Districts. 

Sec - Sec. 

21-2510. Fee for school attendance. 21-2531. Special tax in several districts. 

21-2511. Uniform budget system. 21-2532. Levy in Risher-Byrd School Dis- 

21-2512. Estimates of revenue. tr ; ct jj y 

21-2513. Budgets required from local trus- 21-2533. Tax for School District No. 8. 

tees - 21-2534. Tax in School District No. 8 for 

21-2514. Action on local budgets. use of School District No. 9. 

21-2515. Excess claims; transfers within 21-2535. Use by District No. 9 of surplus 

budget, funds of District No. 8. 

21-2516. School claims. 21-2536. Tax for Harleyville School Dis- 

21-2517. Prohibition of illegal expenditures tr ; ct ^ Q g 

of local funds. 21-2537. Tax for Delcmars School District 

21-2518. Blank. No 13 

21-2519. Warrants. _ 21-2538. Tax for Stallsville School District. 
21-2o20. Audit of books of county superin- 
tendent. 
21-2521. Borrowing of money. 

246 



§21-2510 Education §21-2513 

Article 1. 
Financial Matters Generally, 

§ 21-2510. Fee for school attendance. 

The school trustees of any school district in Dorchester County ma}' fix for 
the schools in such district a contingent fee to be paid by all scholars enter- 
ing such school, and when such fee has been fixed by such trustees they shall 
inform the head of the school and he shall collect from each scholar, before 
the scholar is admitted for enrollment, such contingent fee as fixed by the 
board of trustees. No child shall be eligible to attend any school for which 
such fee has been fixed without having paid such fee. 

1942 Code § 5578-1; 1932 Code § 5534; 1928 (35) 1851. 

§21-2511. Uniform budget system. 

The fiscal affairs of the public schools of Dorchester County shall be admin- 
istered under a uniform budget system under the supervision of the county 
board of education. 

1942 Code § 5577; 1932 Code § 5320-D; 1931 (37) 79. 

§ 21-2512. Estimates of revenue. 

The county board of education shall, on or before the first day of May 
of each year, make a careful estimate of the total amount of revenue available 
for each school district of said county from all sources, State, county and 
district, for the ensuing school year and the county superintendent of educa- 
tion shall immediately forward to the secretary of each local board of trustees 
a statement showing in detail the estimated revenue for that district for 
the ensuing year. 

1942 Code § 5577; 1932 Code § 5320-D; 1931 (37) 79. 

§ 21-2513. Budgets required from local trustees. 

Each local board of trustees on or before the 15th day of May of each year 
shall submit to the county board of education a fair estimate of the amount 
necessary to provide a school term to fulfill the requirements of the State 
Board of Education and the county board of education. This budget shall be 
made upon blanks supplied by the county board of education and shall show 
the amount needed for each of the following for the next ensuing school year: 

(1) Instructional service — salaries of teachers, principals and supervisors 
and any other necessary items of instruction ; 

(2) Operation of school plants— wages of janitors and other employees, 
fuel, water, lights, power, janitor's supplies, expenses for care of grounds and 
other necessary expenses of operation ; 

(3) Maintenance of plant-upkeep of grounds, repair of buildings, repair and 
replacement of heating, lighting and plumbing equipment, instructional ap- 
paratus, furniture and other equipment and other necessary expenses of 
maintenance ; 

(4) Fixed charges, including rents and insurance and other necessary fixed 
charges; 

247 



§ 21-2514 Code of Laws of South Carolina § 21-2515 

(5) Auxiliary agencies including- the replacement of and repair of library 
books, the transportation of pupils and other necessary auxiliary activities; 

(6) Capital outlay, including the purchase of sites and the erection of school 
buildings, including dormitories and teachers' homes, the improvement of 
new school grounds, alterations and additions to buildings, installation of 
heating, lighting and plumbing, purchase of furniture including instructional 
apparatus for new buildings, office equipment, acquisition of trucks and 
other vehicles for the transportation of pupils and for the better operation 
and administration of schools and other capital outlay ; and 

(7) Debt service, including deficits now existing or which may hereafter be 
incurred through unforeseen circumstances. 

1942 Code § 5577; 1932 Code § 5320-D; 1931 (37) 79. 

§21-2514. Action on local budgets. 

The county board of education shall, upon receipt of such budgets, study 
them carefully and, in case the budget does not exceed the estimated revenue 
of the district, shall approve it. In the event that the budget as submitted 
exceeds the estimated revenue for the district, the count}- board of education 
shall withhold its approval and return such budget to the local board of trus- 
tees submitting it, giving them the two following optional lines of procedure, 
either : 

(1) Reduce the budget so as to comply with estimated revenue ; or 

(2) Call an election in accordance with § 21-914 on the third Tuesday of 
June following on the question of increasing the local levy for school purposes. 

If the budget is reduced by the local board, the county board of education 
shall approve such reduced budget. If an election is called, the local board 
shall make report of the results of such election to the county superintendent 
of education on or before the first day of July following. In the event the 
results of this election shall be favorable to the increased levy, the county 
superintendent of education shall so report, in writing, to the county auditor, 
who shall enter the increased levy on the tax books of the district for the 
current year. If the election be unfavorable, the local board of trustees shall 
at once reduce its budget to conform to the estimated revenues and report 
such reduced budget to the county superintendent of education. 

1942 Code § 5577; 1932 Code § 5320-D; 1931 (37) 79. 

§ 21-2515. Excess claims; transfers within budget. 

The budget as approved shall be filed with the county superintendent of 
education, and the county superintendent of education shall refuse to approve 
any school claim drawn by the local board of trustees in excess of the amount 
in the approved budget for the district. However, it shall be within the 
powers of the local board of trustees at any time it deems it right or neces- 
sary to reduce one item of the approved budget and to place this amount to 
the credit of any other item, provided, however that notice of such transfer, 
in writing, be given to the county superintendent of education. 

1942 Code § 5577; 1932 Code § 5320-D; 1931 (37) 79. 

24S 



§ 21-2516 Education § 21-2520 

§21-2516. School claims. 

The county board of education shall require a verification of all school 
claims. Before the signing of any school claim by the county superintendent 
of education, he shall see that a vendor's invoice, or a signed statement of 
the vendor, itemized to show all articles in the purchase and the amount of 
each article separately, accompanies the claim. If the written and signed 
statement is not properly executed to show the actual cost and quantity of 
the purchase, the county superintendent of education shall refuse to sign the 
claim presented until all required evidence is produced with the claim. School 
claims presented for salary payments shall show to whom payment is made 
and the month in which salary is due. 

1942 Code § 5577; 1932 Code § 5320-D; 1931 (37) 79. 

§ 21-2517. Prohibition of illegal expenditures of local funds. 

The county board of education may at any time prohibit the district trus- 
tees from spending illegally the district funds, including any special local 
tax funds. 

1942 Code § 5577; 1932 Code § 5320-D; 1931 (37) 79. 

§ 21-2518. Blank. 

§21-2519. Warrants. 

The treasurer shall pay out funds of the county board of education only 
on warrants signed by a majority of the members of the board. The treasurer 
shall pay out funds of the various districts only on a properly executed order 
signed by a majority of the district trustees, attested before a notary public 
and countersigned by the county superintendent of education. 

1942 Code § 5577; 1932 Code § 5320-D; 1931 (37) 79. 

§ 21-2520. Audit of books of county superintendent. 

On or before the first day of August of each odd-numbered year, the county 
board of education shall cause to be audited the books of the county super- 
intendent of education and of the treasurer of the county school fund and 
shall pay for same from the county board fund. The auditor's report shall 
show : 

(1) Sources of revenue and purposes for which expenditures were made; 

(2) Comparison of approved May budget with the actual expenditures 
and report and whether all salaries and other expenses have been paid in 
accordance with law; 

(3) Statement of outstanding indebtedness, including school bonds and all 
unpaid accounts ; and 

(4) All other items which will aid in making a complete audit. 

One copy of this report shall be filed with the State Superintendent of 
Education, one copy with the county clerk of court and one copy with the 
county board of education. 

1942 Code § 5577; 1932 Code § 5320-D; 1931 (37) 79. 

249 



§21-2521 Code of Laws of South Carolina §21-2533 

§21-2521. Borrowing of money. 

The county board of education may anticipate the revenues for the current 
year and request the county treasurer and the chairman of the governing body 
of the county to borrow money upon the faith of the school revenues, not to 
exceed seventy-five per cent of the estimated revenue from all sources. The 
county treasurer and the chairman of the governing body of the county shall, 
upon receipt of such request, borrow from time to time during any fiscal 
year such sums as may be necessary to pay the school claims of the county, 
not exceeding seventy-five per cent of the unexpended income for the year. 
Such borrowed money shall be apportioned to the different districts in accord- 
ance with their approved budgets and paid out as other school funds. Each 
district shall be charged with the interest upon the amount credited to that 
district. 

1942 Code § 5577; 1932 Code § 5320-D; 1931 (37) 79. 

Article 2. 
Taxes in Certain Districts. 

§ 21-2531. Special tax in several districts. 

There is hereby levied annually upon the taxable property in the respec- 
tive school districts listed below a tax of four mills to be used for maintenance 
and operation of schools in the respective districts : 

Plain Forest No. 6, Knight No. 19, Sand Ridge No. 23, Dorchester No. 26, 
Grover No. 28 and St. George No. 5. The auditor of Dorchester County shall 
levy and the treasurer of said county shall collect such tax annually and the 
treasurer shall disburse the same upon duly approved claims signed by the 
respective boards of trustees and as otherwise provided by law. 

1942 Code § 5579; 1934 (38) 1930. 

§ 21-2532. Levy in Risher-Byrd School District No. 7. 

The trustees of Risher-Byrd School District No. 7, in Dorchester County, 
with the written approval of the county board of education of said county, 
shall fix the school levy for operating the schools in said district. 

1942 Code § 5579-1; 1941 (42) 208. 

§ 21-2533. Tax for School District No. 8. 

An annual tax levy of eleven mills for school purposes, if so much be neces- 
sary, is hereby authorized upon the taxable property in School District No. 8, 
Dorchester County, for school purposes upon the written request of the trus- 
tees of said school district specifying the number of mills desired to be levied 
upon the property in such districts for school purposes for that year. The 
auditor of Dorchester County may levy and the treasurer of said county may 
collect such tax which shall be expended for school purposes and disbursed 
as provided for by law. 

1942 Code § 5579-2; 1939 (41) 40. 

250 



§ 21-2534 Education § 21-2538 

§ 21-2534. Tax in School District No. 8 for use of School District No. 9. 

Upon the written request of the school trustees of School District No. 8 
in Dorchester County, approved in writing by the county legislative delegation, 
the county auditor shall levy and the county treasurer shall collect an annual 
tax of not exceeding three mills on the dollar of all taxable property in said 
School District No. 8, the proceeds thereof to be placed to the credit of the 
school trustees of School District No. 9 in said county and used by them for 
educational purposes in said School District No. 9 so long as children residing 
in said School District No. 8 shall attend school in said School District No. 9. 

1942 (42) 1704. 

§ 21-2535. Use by District No. 9 of surplus funds of District No. 8. 

Upon the written request of the school trustees of said School District No. 8 
in Dorchester County approved in writing by the county legislative delegation, 
the county treasurer shall place to the credit of School District No. 9 any 
surplus moneys in his hands to the credit of said School District No. 8, the 
same to be used by the school trustees of School District No. 9 for the pur- 
poses and subject to the condition provided in § 21-2534 with reference to the 
proceeds of the tax levy therein authorized. 

1942 (42) 1704. 

§ 21-2536. Tax for Harleyville School District No. 9. 

The auditor of Dorchester County shall levy on all of the taxable property 
in Harleyville School District No. 9 in Dorchester County annually a tax 
of twenty mills to be used for school purposes in said district. Such tax shall 
be collected as other taxes are collected and placed to the credit of said dis- 
trict as are other operating funds for school purposes. As long as the provi- 
sions of this section are carried into effect the provisions of § 21-914 limiting 
the number of mills of special taxes to fifteen shall not apply to said district. 

1942 Code § 5S79-3; 1936 (39) 1680. 

§ 21-2537. Tax for Delemars School District No. 13. 

There is hereby levied two mills upon each dollar of the taxable property 
in Delemars School District No. 13, of Dorchester County, the proceeds of 
which shall be used for school purposes of said school district. The auditor 
of said county shall see that such levy is made and the treasurer of said county 
shall collect it in like manner as other taxes are collected. 

1942 Code § S579-4; 1940 (41) 1684. 

§ 21-2538. Tax for Stallsville School District. 

The auditor of Dorchester County shall levy annually a tax of four mills in 
Stallsville School District of Dorchester County on all of the taxable property 
in said district, the proceeds of which shall be used in said district in as- 
sisting in the payment for transportation of pupils in said district to the school 
located at Summerville and for other regular school expenditures in said dis- 
trict. The county treasurer shall collect such tax as other taxes are col- 
lected by law and place the same to the credit of Stallsville School District. 

1942 Code § 5579-5; 1940 (41) 1736. 

251 



§21-2551 Code of Laws of South Carolina § 21-2551 

CHAPTER 34. 

Edgefield County. 

Sec. Sec. 

21-2551. The High School Building Fund. 21-2554. Edgefield School District. 
21-2552. Tax for Bacon School District. 21-2555. Johnston School District. 

21-2553. Trustees of Central School Dis- 
trict. 

§ 21-2551. The High School Building Fund. 

The treasurer of Edgefield County may create and set up in his office a fund 
to be known as the high school building fund. Said treasurer, upon receiving 
moneys from the tax collector derived from the collection of delinquent taxes, 
shall place such monej^s in such building fund, except that he shall not place 
in such building fund any moneys which are pledged for any specific purpose, 
nor moneys which were collected by virtue of specific appropriations when 
the entire amount of such appropriation has not accrued to the department or 
purpose for which same was appropriated. The purpose of this section is to 
create and establish such a building fund out of what might be called surplus 
moneys from time to time received in excess of the appropriations made by 
reason of the millage levied producing more than was actually necessary and 
surplus funds accruing by virtue of any other reason. The high school build- 
ing fund shall be expended for school buildings as may be from time to time 
directed by the county legislative delegation. 

1947 (451 141. 

§ 21-2552. Tax for Bacon School District. 

The special levy for school purposes in Bacon School District in Edgefield 
County shall not exceed ten mills and the auditor of Edgefield County shall 
levy annually on all the taxable property in Bacon School District for school 
purposes such number of mills, not in excess of ten, as the trustees of said 
district, in writing, shall direct. 

1942 Code § 5580; 1932 (37) 1421. 

§ 21-2553. Trustees of Central School District. 

There shall be five trustees for Central School District, Edgefield County, 
such trustees to be elected as provided by law. 
1942 Code § 5581; 1932 Code § 5536; 1929 (36) 262. 

§ 21-2554. Edgefield School District. 

The territory formerly comprised in the following former common school 
districts of Edgefield County, to wit, Edgefield No. 25, Pickens No. 14, Elm- 
wood No. 8, Blocker No. 1, Limestone No. 26, Hibler No. 10, Talbert No. 17, 
Log Creek No. 6, Antioch No. 2, Colliers No. 5, Red Hill No 3, Oak Grove 
No. 32, Flat Rock No. 4, North Merriwether No. 12, Wise No. 21, Moss No. 22. 
Berea No. 7 and Beaver Dam No. 15, having been consolidated into one con- 
solidated school district, shall be known as Edgefield School District of Edge- 
field County and shall be a body politic and corporate whose board of trus- 

252 



§21-2555 Education §21-2577 

tees shall have all the powers now vested by law in the boards of trustees of 
the several school districts of the State, such powers as may be conferred 
upon them by the provisions of this chapter and such further powers as may 
from time to time be conferred upon them by the General Assembly. The 
area of said consolidated school district and its boundaries are shown on a plat 
of it made April 25th 1949, by J. H. Courtney, Registered Surveyor, which is 
of record in the Clerk of Court's office for Edgefield County in Plat Book 
9, Page 49. Said consolidated school district shall be managed by a board 
of trustees consisting of sixteen members, each of whom shall be appointed 
by the county board of education. The original trustees having been ap- 
pointed six for a term of one year, five for a term of two years and five for 
a term of three years and until their successors are appointed and qualified, 
upon the expiration of the term of office of any trustee a successor shall be 
appointed for a term of three years and until a successor is likewise appointed 
and qualified. In the event of a vacancy on the board, a successor shall be 
appointed by the county board of education to fill such vacancy and such 
appointee shall serve until the expiration of the term in respect of which such 
vacancy occurred. In order to provide for the operation and maintenance of 
said consolidated school district, the auditor of Edgefield County shall levy 
and the treasurer shall collect such millage upon the taxable property of said 
consolidated school district as the county board of education shall from year 
to year determine. 

1950 (46) 2022. 

§ 21-2555. Johnston School District. 

The board of trustees of Johnston School District shall consist of six mem- 
bers who shall be appointed by the county board of education for terms of 
three years each. 

1951 (47) 155. 

CHAPTER 35. 

Fairfield County. 

Sec Sec. 

21-2577. Provision of certain necessaries for 21-2596. County superintendent; appoint- 

certain children. ment and qualifications. 

21-2578. Budget. 21-2597. Duties and powers of superintend- 

21-2579 to 21-2590. Blank. ent. 

21-2591. Compensation of members of coun- 21-2598 to 21-2610. Blank. 

ty board. 21-2611. Payment of former district bonds. 

21-2592. Organization: meetings. 21-2612 to 21-2616. Blank. 

21-2593. Duties and powers of county 21-2617. Tax levies. 

board. 21-2618. Deposit and disbursement of 

21-2594. Blank. school funds. 

21-2595. Contracts; purchases. 21-2619. County unit for financing; receipt 

and distribution of funds. 

§ 21-2577. Provision of certain necessaries for certain children. 

The school district board of trustees shall investigate as to the condi- 
tion and needs of children of school age and the ability of their parents to 

253 



§ 21-2578 Code of Laws of South Carolina § 21-2593 

provide them shoes and shall consult with the county physician and nurse 
and the county superintendent of education in reaching conclusions as to the 
facts and requirements in regard thereto and shall purchase out of school 
funds, by warrants approved by the county superintendent of education in the 
usual manner, the equipment found necessary for each such child. The 
amount so expended shall not exceed one thousand dollars for the whole 
county in any school year. The trustees shall use their judgment and dis- 
cretion in the exercise of this power and shall require guarantees from the 
parents that the children so aided shall attend school regularly and perform 
their duties. The teachers shall make special reports of the attendance, con- 
duct and scholarship of such pupils to the board of trustees and to the county 
superintendent of education every month. 

1942 Code § 5583-2; 1932 Code § 5343-B; 1929 (35) 823; 1939 (41) 474. 

§21-2578. Budget. 

On or before the 15th day of January of each year the board of trustees of 
the school district of the county shall submit to the county board of educa- 
tion its budget for the operation of the schools for the next ensuing school year. 

1950 (46) 2392. 

§§ 21-2579 to 21-2590. Blank. 

§ 21-2591. Compensation of members of county board. 

The members of the county board of education of Fairfield County shall 
receive a per diem for each meeting attended and shall receive five cents per 
mile for travel to and from such meetings. 

1950 (46) 2392. 

§ 21-2592. Organization; meetings. 

The county board of education shall elect one of its members as chairman 
and one as vice-chairman. It shall hold regular meetings at least monthly 
and special meetings as often as necessary. All regular meetings shall be 
open to the public. 

1950 (46) 2392. 

§ 21-2593. Duties and powers of county board. 

The county board of education, in addition to the powers and duties other- 
wise provided by law ; 

(1) Shall, upon the recommendation of the county superintendent of educa- 
tion, employ the personnel necessary for the efficient operation of the schools, 
except as otherwise specified in this chapter; 

(2) Shall adopt administrative policies; 

(3) Shall plan and construct new buildings ; 

(4) May issue bonds to construct and repair buildings and pledge capital 
outlay funds from State, federal and local tax sources for their repayment; 

(5) Shall operate a building maintenance and repair program ; 

(6) May issue short-term notes in anticipation of taxes and State aid funds ; 

(7) May exercise the right of eminent domain in securing necessary prop- 
erty; 

254 



§ 21-2594 Education § 21-2596 

(8) Shall determine and evaluate the educational program ; 

(9) Shall cause regular audits to be made and publish annual and special 
reports ; 

(10) Shall keep an accurate record of board proceedings; 

(11) Shall direct a continuing school census and enforce the State com- 
pulsory attendance act ; 

(12) Shall provide for all school elections ; 

(13) Shall fix the length of the school term ; 

(14) Shall administer State aid to public schools and fix the minimum 
amount of supplement to be paid to the teachers in the several schools within 
the county; 

(15) May arrange with adjoining counties for interchange of pupils or 
educational services; 

(16) Shall adopt budgets and budgetary controls and set tax levies on a 
county-wide basis sufficient to meet the educational needs of the county; 

(17) May conduct surveys and upon the results obtained reorganize at- 
tendance areas, the curriculum, the supervisory program, auxiliary services 
or any part of the educational program delegated by the State to the county 
board of education ; 

(IS) May, with the written consent of the parents or guardian of the child 
concerned, transfer pupils from one school district to another whenever the 
parents or guardian of the pupil concerned desire such transfer or when such 
pupil may be more conveniently accommodated in the school district to which 
transferred; 

(19) May draw warrants upon school funds in the hands of the treasurer 
for the payment of any services contracted for by the board, for the payment 
of insurance premiums, including workmen's compensation premiums for 
the several school districts, for the payment of withholding taxes from sal- 
aries and for the payment for any acts authorized by the county board pur- 
suant to the duties of the board as set forth in this chapter ; and 

(20) Shall order the election, appoint the managers and declare the result 
of any election held under the provisions of this chapter. 

1950 (46) 2392. 

§21-2594. Blank. 

§21-2595. Contracts ; purchases. 

The county board may contract for services, equipment and supplies. The 
board shall establish and maintain a central purchasing system for the pur- 
chase of all school supplies and equipment used by the several schools in the 
county. The board shall be charged with the responsibility of purchasing all 
equipment and supplies for all schools in the county. 

1950 (46) 2392. 

§ 21-2596. County superintendent; appointment and qualifications. 

The county board of education shall employ a county superintendent of 
education who shall be selected on the basis of professional qualifications as a 

255 



§21-2597 Code of Laws of South Carolina §21-2617 

public school administrator. The superintendent shall be possessed of specific 
training and experience in the administration of the business affairs of public 
schools. The tenure of the superintendent shall be at the pleasure of the 
county board. The board shall fix the salary and traveling allowance of the 
superintendent. 
1950 (46) 2392. 

§ 21-2597. Duties and powers of superintendent. 

The county superintendent of education shall be charged with the follow- 
ing duties and responsibilities, to wit : 

(1) To act as secretary and executive officer to the county board of educa- 
tion ; 

(2) To recommend all personnel to be employed by the board ; 

(3) To assign all personnel employed ; 

(4) To prepare and administer the annual budget ; 

(5) To operate the school building and maintenance program ; 

(6) To develop a guidance and instructional program and exercise such 
other powers as are necessary for the administration of all of the responsibil- 
ities belonging to the county board of education ; and 

(7) To carry out all duties and responsibilities imposed upon him by the 
county board of education. 

1950 (46) 2392. 

§§ 21-2598 to 21-2610. Blank. 

§ 21-2611. Payment of former district bonds. 

The county board of education having assumed all liabilities, obligations 
and indebtedness of the several former school districts and the full faith, 
credit and taxing power of the county having been pledged to the payment of 
the outstanding indebtedness of such school districts, an amount sufficient 
to pay the interest on the bonds of such districts and at maturity the prin- 
cipal thereof shall be included in the annual budget prepared by the county 
board. 

1950 (46) 2392. 

§§21-2612 to 21-2616. Blank. 

§21-2617. Tax levies. 

The county board of education may levy a sufficient property tax on the 
taxable property located in the county to meet the needs of the public schools 
in the county. Such millage shall not, however, exceed thirty mills. The 
county board shall, by resolution adopted by a majority of the members of 
the board, fix the amount of such levy and shall forward to the county treas- 
urer and the county auditor on or before the 1st day of March of each year 
a certified copy of such resolution and this shall be the authority of the auditor 
to levy and the treasurer to collect such tax on all of the taxable property in 
the county. 

1950 (46) 2392. 

256 



§ 21-2618 Education § 21-2654 

§ 21-2618. Deposit and disbursement of school funds. 

All school funds shall be deposited in the office of the county treasurer and 
withdrawn only upon warrants as provided by law. But the board of school 
trustees ma)' draw one warrant monthly covering the salaries of teachers and 
other school employees, with a schedule of such salaries attached thereto and 
signed by the chairman and secretary of the board of trustees. 

1951 (47) 241. 

§21-2619. County unit for financing; receipt and distribution of funds. 

The county board shall be the unit for financing and receiving local, State 
and Federal funds. 

1950 (46) 2392. 



CHAPTER 36. 
Florence County. 

Sec. Sec. 

21-2651. County board of education. 21-2657. Levy and collection of school dis- 

21-2652. Blank. trict taxes. 

21-2653. Blank. 21-2658. Portion of District No. 3 in 

21-2654. School funds to be kept separate. Williamsburg County. 

21-2655. Blank. 21-2659. Borrowing for school purposes. 

21-2656. Assessment of property for school 
purposes. 

§ 21-2651. County board of education. 

In Florence County the county board of education shall be composed of 
seven members, one of whom shall be the county superintendent of educa- 
tion, and the other six of whom shall be appointed by the Governor upon 
the recommendation of a majority of the county legislative delegation. The 
original members of the board having been appointed, two for one year, two 
for two years and two for three years, two members shall hereafter be ap- 
pointed each year to serve for terms of three years and until their successors 
are appointed and qualify. 

1942 Code § 5316; 1932 Code § 5335; Civ. C. '22 § 25S8: Civ. C. '12 § 1729; Civ. C. '02 
§ 1199; 1897 (21) 155; 1920 (31) 958, 106S; 1921 (32) 130; 1928 (35) 1249; 1929 (36) 
282; 1930 (36) 1378; 1931 (i7) 62, 389. 

§21-2652. Blank. 
§21-2553. Blank. 

§ 21-2654. School funds to be kept separate. 

All moneys collected for school purposes within Florence County shall be 
kept and deposited by the county treasurer separately from general county 
funds. 

1942 Code § 5587; 1932 Code § 2S14; 1922 (32) 945. 
[3 SC Code] — 17 257 



§21-2655 Code or Laws of South Carolina §21-2659 

§ 21-2655. Blank. 

§ 21-2656. Assessment of property for school purposes. 

All property upon which any levy is made for school purposes in Florence 
County shall be assessed according to its location and worth and the county 
equalization board shall equalize the values of such property according to 
the location and worth. 

1950 (46) 2118. 

§ 21-2657. Levy and collection of school district taxes. 

The tax officials in Florence County shall levy and collect on all the taxable 
property of any school district in Florence County such tax millage for operat- 
ing purposes as the board of trustees of such district and the county board 
of education may request of the county auditor in writing. But in no school 
district shall the tax millage for operating purposes exceed twenty mills un- 
less authorized by vote of the qualified electors of the district. Upon receipt 
of any such request, the auditor shall make such a levy and the treasurer shall 
collect such levy as other taxes are collected. 

1947 (45) 138. 

§ 21-2658. Portion of District No. 3 in Williamsburg County. 

Any territory of School District No. 3 located in Williamsburg County 
shall be subject to levy and payment of taxes for school purposes on an equal 
basis and to the same extent as that portion of the district which may be 
located in Florence County and the auditor and treasurer of Williamsburg 
County shall impose and collect taxes on the same basis for the portion lying 
in Williamsburg County as are imposed for that portion lying in Florence Coun- 
ty. The jurisdiction of the trustees of School District No. 3 shall be effectual 
as to the portion of the school district lying in Williamsburg County to the 
same extent as to that portion lying in Florence County. 

1950 (46) 2451. 

§ 21-2659. Borrowing for school purposes. 

Whenever it is necessary to borrow money in Florence County for school 
purposes, it shall be borrowed by the county board of education with the 
county treasurer and the county board of education and treasurer shall have 
the right to pledge any taxes to be collected for school purposes as security 
for any such loan. 

1942 Code § 5587; 1932 Code § 2814; 1922 (32) 945. 



258 [3 SC Code] 



§21-2721 



Education 

CHAPTER 37. 
Georgetown County. 



§ 21-2732 



Article 1. 
County Superintendent of Education- 
Sec. 
21-2721. Election of superintendent of edu- 
cation. 
21-2722. Vacancy. 

Article 2. 

County Board of Education Generally. 

21-2732. Organization of board. 
21-2733. Delegation of chairman's duties. 
21-2734. Duties, salary and bond of clerk. 
21-2735. Meetings and compensation of 

board. 
21-2735. General duties of board. 
21-2737. Discontinuances of schools. 
21-2738. Blank. 

21-2739. School terms; grades; courses. 
21-2740. Teachers. 

Article 3. 

School Districts, Trustees, Instruction and 
Attendance. 

21-2751. Establishment of high school dis- 
tricts. 

21-2752. Corporate existence of school dis- 
tricts; Union School District dis- 
solved. 

21-2753. Trustees of high school districts. 



Sec 

21-2754. Xumber and term of school trus- 
tees generally. 

21-2755. Appointment of trustees. 

21-2756. Which high school pupils to at- 
tend. 

21-2757. Reciprocal arrangements with ad- 
joining counties. 

21-2758. Elementary schools to stop with 
seventh grade. 

Article 4. 

Financial Matters. 

21-2771. Gifts for construction, etc. 

21-2772. Contracts made only by county 
board. 

21-2773. Budget. 

21-2774. Funds received from game warden. 

21-2775. Borrowing generally. 

21-2776. Xotes evidencing such borrowing. 

21-2777. Borrowing for construction, etc. 

21-2778. Tax to repay amount so borrowed. 

21-2779. Levy of tax to cover budget. 

21-2780. Tax levies for certain purposes. 

21-2781. County a unit for certain school 
taxes. 

21-2782. Use of school funds. 

21-2783. Payment of claims. 

21-2784. Form of warrants. 

21-27S5. Warrants in excess of appropria- 
tions, etc 



Article 1. 
County Superintendent of Education. 

§ 21-2721. Election of superintendent of education. 

The county superintendent of education of Georgetozvn County shall be 
elected in the general election held in each presidential election year. 

1948 (45) 1847. 

§21-2722. Vacancy. 

In the event a vacancy occurs in the office of county superintendent of edu- 
cation of Georgetown County, the county board of education shall fill such 
vacancy by appointment until the next succeeding general election held for 
the House of Representatives from Georgetown County. 

1948 (45) 1847. 

Article 2. 

County Board of Education Generally. 

§ 21-2732. Organization of board. 
The members of the county board of education shall, immediately after 

259 



§21-2733 Code of Laws of South Carolina §21-2735 

qualifying, meet and organize by electing one of their members chairman and 
they shall also elect a clerk. If they elect one of their members clerk, he shall 
not have a vote on the matter of fixing his salary'. In the absence of the chair- 
man, the county board of education, by a resolution passed and duly entered 
in the minutes of the meeting, may designate and appoint one of their mem- 
bers as vice-chairman who shall perform the duties of the chairman in his 
absence and shall have all the powers and authority of the chairman during his 
absence. In the absence of the clerk, the county board of education may also, 
by a resolution passed and duly entered in the minutes of the meeting, desig- 
nate and appoint the regular stenographer employed by the board to act as 
deputy clerk and such deputy clerk when so appointed shall have all the pow- 
ers and authority of the regular clerk. 

1942 Code § 5592; 1932 Code § 5414 (3); 1931 (37) 184; 1941 (42) 141. 

§ 21-2733. Delegation of chairman's duties. 

Any duty of the chairman of the county board of education of Georgetown 
County may be delegated to the county superintendent of education by proper reso- 
lution specifically setting forth and naming the duty so delegated, adopted by the 
board and duly recorded in the minutes thereof. If any such duty so delegated 
should involve the signing of warrants or orders for the paying out of any funds, 
the county superintendent shall first be placed under a five thousand dollar surety 
bond. 

1948 (45) 1847. 

§ 21-2734. Duties, salary and bond of clerk. 

The clerk of the county board of education shall keep an accurate, perma- 
nent record of all the acts, proceedings and decisions of the board and also 
such accounts of the schools and school districts and statistical data of the 
county as the board may direct and the laws may provide, so as to have a 
complete record of all receipts and expenditures for schools and school pur- 
poses in the county. He shall have such other duties as the board may 
prescribe. The county board of education shall, with the written consent of 
the Senator and at least one member of the House of Representatives from 
the county, fix the salary of the clerk of the board, which shall be paid in 
monthly installments by warrants signed by the chairman and counter-signed 
by the clerk of the board. The clerk of the board shall give a bond in the sum 
of five thousand dollars for the faithful performance of his duties, such bond 
to be approved by the county board of education. 

1942 Code § 5592; 1932 Code § 5414(3); 1931 (37) 184; 1941 (42) 141. 

§ 21-2735. Meetings and compensation of board. 

The county board of education shall meet on the second Tuesday of each 
month in the city of Georgctoivn and shall also hold as many other meetings 
as it may deem necessary for the best interests of the schools of the county. 
At all meetings of the hoard four of the members shall constitute a quorum 
for the transaction of all business. The members of the board shall receive 
for their services a per diem and those members who reside outside of the 

260 



§21-2736 Education §21-2740 

city of Georgetown shall receive five cents per mile for actual travel for each 
day in actual attendance upon the meetings of the county board of educa- 
tion, not to exceed, however, twenty days in any year. No member of the 
board shall receive such per diem and mileage unless in actual attendance 
upon a meeting of the board. 

1942 Code § 5592-1; 1932 Code § 5414 (4); 1931 (37) 184. 

§ 21-2736. General duties of board. 

The county board of education shall have charge of, manage, direct and 
supervise all the schools of the county. It shall have charge of all school 
buildings, grounds and property in the county and shall keep such buildings 
and property in the best repair possible with available funds. It shall 
also construct and enlarge such school buildings as may be necessary. The 
county board of education, and it only, shall purchase all furniture, sup- 
plies and equipment of whatever nature or kind to be used by the schools of 
the county and shall pay for the same by regularly issued warrants, approved 
by the board and signed by the chairman and countersigned by the clerk of 
the board. 

1942 Code § 5592-2; 1932 Code § 5414 (5); 1931 (37) 184; 1936 (39) 1410; 1937 (40) 167. 

§ 21-2737. Discontinuances of schools. 

The county board of education of Georgetoivn County shall discontinue any 
school in the county whenever it considers it advisable and for the best interest 
of the county. 

1942 Code § 5592-3; 1932 Code § 5414 (6); 1931 (37) 184. 

§21-2738. Blank. 

§ 21-2739. School terms ; grades ; courses. 

The county board of education shall fix the time for opening and closing 
all the schools of the county and shall close any school at any time it deems 
it advisable. The board shall fix the number of days any school shall run 
during a school month, and also a school year. They shall also fix the number 
of grades to be taught in any school and the course of study to be pursued. 

1942 Code § 5592-5; 1932 Code § 5414 (8); 1931 (37) 184. 

§ 21-2740. Teachers. 

The county board of education shall employ and make contracts with all 
teachers in the schools of the county and shall fix their salaries and pay them 
by regular warrants approved by the board, signed by the chairman and 
counter-signed by the clerk of the board. But the board may, in its discretion, 
draw one warrant in favor of the county board of education for the salaries 
of all the teachers in any one school, attaching to such warrant the names 
of all teachers whose salaries are covered thereby. The county board of 
education shall then draw individual checks in favor of each teacher for 
the salary due him. The board of trustees and the superintendent, or the 
principal of any school having no superintendent, of the various schools of 

261 



§21-2751 Code of Laws of South Carolina §21-2753 

the county shall recommend teachers to the county board of education for 
employment, but such recommendations shall not be binding upon the county 
board of education. 

1942 Code § 5592-6; 1932 Code § 5414 (9); 1931 (37) 184. 

Remedy of unpaid school teacher is action original mandamus proceeding but action 

at law. — Remedy of unpaid public school at law against such board. Draughton v. 

teachers employed by county board of ed- Colbert, 171 S. C. 22, 171 S. E. 445 (1933). 
ucation of Georgetown County held not 

Article 3. 

School Districts, Trustees, Instruction and Attendance. 

§ 21-2751. Establishment of high school districts. 

The three following high school districts are hereby created and estab- 
lished in Georgetozvn County, which shall be bodies corporate and shall exer- 
cise all the privileges and powers of such, subject to the existing school laws 
when applicable, except as changed or modified by this chapter, to wit: 

(1) Georgetown High School District: This high school district shall be 
composed of Winyah Indigo School District No. 5 and Johnson, Santee, 
Waverly, Murrell's Inlet, Mt. Taber and Plantersville common school dis- 
tricts as delineated prior to March 24 1937 by the county board of education ; 

(2) Union High School District : This high school district sball be com- 
posed of Wilson School District No. 17 and Smith Mills, Choppee, Barnes, 
Center, Good Hope and Pleasant Hill common school districts as delineated 
prior to March 24 1937 by the county board of education ; and 

(3) Andrews High School District: Tbis high school district shall be com- 
posed of Rosemary School District No. 8-A and Oak Grove, Cedar Creek, 
Boetee, Newfound, Black River, McKenzie and Big Dam common school 
districts as delineated prior to March 24 1937 by the county board of education. 

1942 Code § 5592-11; 1932 Code § 5415; 1931 (37) 184; 1937 (40) 146. 

§21-2752. Corporate existence of school districts; Union School District dis- 
solved. 
The corporate existence and entity of any and all common school districts 
authorized by § 21-2751 to be consolidated into high school districts shall 
in no way be deemed to be impaired or affected by such consolidation except 
that Union School District was thereby dissolved. 

1942 Code § 5592-19; 1932 Code § 5415; 1931 (37) 184. 

§ 21-2753. Trustees of high school districts. 

The boards of trustees of the high school districts shall be appointed by 
the county board of education and be composed of as many members, not 
less than three, as the county board of education may direct. Their term 
of office shall be for two years from the date of their appointment or until 
their successors are appointed and qualified. 

1942 Code § 5592-11; 1932 Code § 5414 (14); 1931 (37) 184; 1937 (40) 146. 

262 



§ 21-2754 Education § 21-2758 

§ 21-2754. Number and term of school trustees generally. 

The several boards of trustees of public schools in Georgetown County shall 
be composed of as many members as the county board of education may di- 
rect. The term of office of the members shall be for two years from the date 
of their appointment or until their successors are appointed and qualified. 

1942 Code §5593; 1933 (38) 386. 

§ 21-2755. Appointment of trustees. 

All trustees of public schools in Georgetown County shall be appointed by 
the county board of education. 

1942 Code § 5593; 1933 (38) 386. 

§ 21-2756. Which high school pupils to attend. 

All pupils shall attend the high school of the district in which they live, 
except when (a) the pupil lives nearer another high school than the one in his 
district, (b) it is more convenient due to special circumstances for such pupil 
to attend school in another high school district or (c) the school district in 
which such pupil lives does not give the course of instruction which such 
pupil desires to pursue, and when the county board of education agrees in 
writing that such pupil may attend school in another school district. 

1942 Code § 5592-13; 1932 Code § 5414 (16); 1931 (37) 184. 

§ 21-2757. Reciprocal arrangements with adjoining counties. 

The county board of education of Georgetown may, in its discretion, arrange 
with the school authorities of any adjoining county to allow the pupils 
of such county to attend the elementary and high schools of Georgetoivn 
County. They may also arrange for the pupils of Gcorgctozi'n County to at- 
tend the elementary and high schools of the adjoining counties. The county 
board of education shall enter into written contracts with the proper author- 
ities of the adjoining counties to carry out the provisions of this section. 
All funds due and payable by any other county, whether for tuition or other- 
wise, shall be paid over by the county treasurer of such county to the county 
treasurer of Georgetown County and they shall be credited by him to the 
proper school districts and paid out on warrants of the county board of educa- 
tion as other funds. 

1942 Code § 5592-14; 1932 Code § 5414 (17); 1931 (37) 184. 

§ 21-2758. Elementary schools to stop with seventh grade. 

Elementary schools in the districts composing the respective high school 
districts shall not teach beyond the seventh grade. All pupils for grades 
beyond the seventh shall bt taught in one of the high schools. Each ele- 
mentary school shall be supervised from the high school of the high school 
district within which such elementary school may be situated and the super- 
intendent thereof shall see that the course of study taught in such elementary 
school is such as will prepare the student for entrance into standard high 
schools of this State. 

1942 Code § 5592-12; 1932 Code § 5414 (15) ; 1931 (37) 184. 

263 



§21-2771 Code of Laws of South Carolina §21-2775 

Article 4. 

Financial Matters. 

§ 21-2771. Gifts for construction, etc. 

The county board of education of Georgetown County may accept gifts or 
grants made to it in assistance of enlarging, repairing, maintaining and con- 
structing school buildings. 

1942 Code § 5592-17; 1932 Code § 5414 (20); 1931 (37) 184; 1936 (39) 1410; 1937 (40) 
167. 

§ 21-2772. Contracts made only by county board. 

No officer, employee or other person shall contract for or create any debt 
or obligation to be paid out of any school funds of the school districts of the 
county except the county board of education. 

1942 Code § 5592-7; 1932 Code § 5414 (10); 1931 (37) 184. 

§21-2773. Budget. 

The county board of education shall on or before the 1st day of August of 
each year make up a budget of the amount of money which will be necessary 
to run the schools of the county for the ensuing scholastic year to which 
amount shall be added such sums as may be necessary for the purposes of 
enlarging, repairing, maintaining and constructing school buildings. From 
this amount it shall deduct the estimated revenue to be derived from all 
funds received or to be received for educational purposes and all other revenues 
from any source, including the taxes levied under §§ 21-2778 to 21-2780 and 
it shall then determine the number of mills required to be levied to raise the 
amount of money necessary for any such scholastic year. The county board 
of education shall furnish all members of the county legislative delegation 
with a copy of its written findings aforesaid at the time they are delivered to 
the county auditor and at the same time shall furnish said delegation with a 
written statement of all financial transactions of the board for the preceding 
fiscal year. 

1942 Code § 5592-17; 1932 Code § 5414 (20); 1931 (37) 184; 1936 (39) 1410; 1937 (40) 
167. 

§ 21-2774. Funds received from game warden. 

All funds received from the county game warden in Georgetown County 
shall be used exclusively for school purposes. The county treasurer shall 
place these funds to the credit of the county board of education, subject to 
warrants of the board; provided, however, that the board shall not expend any 
of these funds except with the written approval of a majority of the county 
legislative delegation. 

1942 Code § 4401; 1932 Code § 4401; 1929 (36) 92, 837. 

§21-2775. Borrowing generally. 

The county board of education of Georgetown County may borrow any sum 
not in excess of the anticipated amount of revenue estimated to be avail- 

264 



§21-2776 Education §21-2778 

able for school purposes for any scholastic year and pledge for the pay- 
ment of such loan and the interest thereon all anticipated revenues and the 
full faith and credit of the county. The loan may be made in such manner 
and on such terms as the board deems best. The proceeds of any such loan 
shall be turned over to the county treasurer, who shall place the same to the 
credit of the county board of education. 

1942 Code § 5592-9; 1932 Code § 5414 (12); 1931 (37) 184; 1936 (39) 1410; 1937 (40) 
167. 

§ 21-2776. Notes evidencing such borrowing. 

All moneys borrowed for school purposes in Georgetown County, whether 
in anticipation of the collection of taxes, State aid or otherwise, shall be 
borrowed by the county board of education on notes of the county signed 
by the chairman and countersigned by the clerk of the county board of 
education. Such notes so issued shall have the same dignity, force, value 
and standing as notes issued for other purposes by the governing body of 
the county. 

1942 Code § 5592-8; 1932 Code § 5414 (11); 1931 (37) 184. 

§ 21-2777. Borrowing for construction, etc. 

The board may, with the written consent of the Senator and at least 
one member of the House of Representatives from the county, borrow any 
amount needed for the purpose of enlarging, repairing, maintaining, con- 
structing or equipping school buildings in said county from the State Budget 
and Control Board the sinking funds of the county or its political subdivisions 
or from any other available source upon such terms and for such period not 
exceeding ten years as may seem most advantageous. And the board may, 
subject to the written consent aforesaid, give its note or notes or other evidence 
of indebtedness therefor bearing interest at a rate not to exceed six per cent 
per annum and thereby irrevocably pledge the full faith, credit and taxing 
powers of the county. The proceeds of any such loan shall be placed with the 
treasurer of the county and be expended by the county board of education only 
for one or a combination of the purposes mentioned in this section. 

1942 Code § 5592-17; 1932 Code § 5414 (20); 1931 (37) 1S4; 1936 (39) 1410; 1937 (40) 
167; 194S (45) 1847. 

§ 21-2778. Tax to repay amount so borrowed. 

Upon the issuance of any note or other evidence of indebtedness under 
the conditions and restrictions imposed herein, the county board of educa- 
tion shall promptly notify the officers of the county charged with levying 
and collecting taxes. Thereupon the officers shall forthwith annually levy 
and collect an ad valorem tax upon all the property returned for taxation 
in the county sufficient to pay promptly the principal and interest of any 
such indebtedness as the same matures, such levy and collection for debt 
service being in no way dependent upon the inclusion by the county board 
of education of such an item in the annual school budgets thereafter. 

1942 Code § 5592-17; 1932 Code § 5414 (20); 1931 (37) 184; 1936 (39) 1410; 1937 (40) 
167. 

265 



§ 21-2779 Code of Laws of South Carolina § 21-2782 

§ 21-2779. Levy of tax to cover budget. 

After the preparation of the budget required by § 21-2773, the board shall 
notify the county auditor in writing of its findings and the county auditor shall 
levy an annual tax upon all taxable property of the county sufficient to meet 
the aforesaid requirements. Such tax shall be collected by the county treas- 
urer in the same manner as other county taxes are collected. But before 
the county auditor makes any levy as aforesaid he shall first secure the 
approval of the Senator and at least one member of the House of Represen- 
tatives from the county. 

1942 Code § 5592-17; 1932 Code § 5414; 1931 (37) 184; 1936 (39) 1410; 1937 (40) 167. 

§ 21-2780. Tax levies for certain purposes. 

The county auditor shall levy upon all the taxable property of Georgetown 
County a sufficient number of mills on all of the property in each of the 
high school districts as may be necessary to meet the payment of teachers' 
salaries in such districts, whose salaries are in excess of the schedule of sal- 
aries as provided in chapter 8 of this Title, and to pay for the transporta- 
tion of school children and incidental expenses. In addition to the levy 
above authorized the auditor shall levy four mills on all the property in 
Georgetown County and the treasurer shall collect the same as other taxes 
and place the amount so collected to the credit of the county board funds. 
These funds shall be used by the board solely for the purpose of assisting 
weak schools and then only when written approval shall have been obtained 
from a majority of the county legislative delegation. 

1942 Code § 5592-15; 1932 Code § 5414; 1931 (37) 184; 1932 (37) 1287. 

Cross reference. — As to repeal of 6-0-1 
Law, see 1933 Acts [1933 (38) 567]. 

§ 21-2781. County a unit for certain school taxes. 

Section 21-2780 is intended to make a county unit for the special levy on 
the districts as provided in that section to meet excess salaries, transporta- 
tion and incidentals, and the four mills provided in said section and then to 
remove all other levies for school purposes in the school districts of said 
county, except such levies as are placed on the property for bonds or notes. 
And the county auditor shall levy the taxes authorized by that section upon 
all the property in the county. 

The county treasurer is hereby authorized and directed to collect such 
levies as other taxes are collected and to place them in a fund to be used as 
provided for in this chapter. 

1942 Code § 5592-16; 1932 Code § 5414; 1931 (37) 1S4. 

§21-2782. Use of school funds. 

The funds or taxes collected under this chapter shall be used as hereby 
provided in the several districts as herein designated. 

1942 Code § 5592-18; 1932 Code § 5414; 1931 (37) 184. 



266 



§ 21-2783 Education § 21-2803 

§ 21-2783. Payment of claims. 

All claims of whatever kind or nature against any school fund of the 
county shall be paid by regularly issued warrants approved by the county 
board of education and signed by the chairman and countersigned by the 
clerk thereof. No claim or any kind of indebtedness against any school 
fund of any school district of the county shall be paid by any employee or 
officer or other person or in any manner except by the regularly issued war- 
rants approved by the county board of education and signed by the chair- 
man and countersigned by the clerk of the board. 

1942 Code § 5592-7; 1932 Code § 5414 (10); 1931 (37) 184. 

§ 21-2784. Form of warrants. 

The county board of education shall state upon each warrant drawn upon 
the county treasurer the item such warrant is to pay and the school to which 
it is to be charged. No warrant shall be paid by the county treasurer or be 
allowed as a credit to him in his settlement unless it conforms to this re- 
quirement. 

1942 Code § 5592-10; 1932 Code § 5414 (13); 1931 (37) 184. 

§ 21-2785. Warrants in excess of appropriations, etc. 

The county board of education and the officers thereof are hereby pro- 
hibited from drawing any warrants upon the county treasurer, and he is 
prohibited from paying any such, to be paid out of any of the school funds 
of the school districts of the county, which will be in excess of the estimates, 
receipts or appropriations of such funds from any source whatsoever. But 
in an emergency, and with the written consent of the Senator and at least 
one member of the House of Representatives from the county, this inhibition 
may be dispensed with. 

1942 Code § 5592-7; 1932 Code § 5414 (10); 1931 (37) 184. 



CHAPTER 38. 

Greenville County. 

Sec. Sec 

21-2803. Meetings of board. 21-2832. Preparation of budget. 

21-2804. Powers of county board. 21-2832.1. Budget and tax levies. 

21-2804.1. Blank. 21-2833. County board fund. 

21-2805. Compensation. 21-2834. Fees from marriage licenses. 

21-2806. Advisory committees for school 21-2835. School district may borrow. 

district 21-2836. Blank. 

21-2807 to 21-2830. Blank. 21-2837. Warrants. 

21-2S31. Budget; no expenditure in excess 

thereof. 

§21-2803. Meetings of board. 

The county board of education of Greenville County shall meet on the first 
and third Tuesdays of each month, and oftener if necessary. 

267 



§21-2804 Code of Laws of South Carolina §21-2831 

1942 Code § 5316; 1932 Code § 5335; Civ. C. '22 § 2588; Civ. C. '12 § 1729; Civ. C. '02 
§ 1199; 1897 (22) 516; 1920 (31) 958, 1068; 1921 (32) 130; 1928 (35) 1249; 1929 (36) 282; 
1930 (36) 1378; 1931 (37) 62, 3S9. 

§ 21-2804. Powers of county board. 

The county board of education of Greenville County shall perform all duties 
and exercise all powers and authority now vested by law in county boards of edu- 
cation, together with any additional power and authority which may be necessary 
and conducive to the welfare of the schools of the county. It shall have charge 
of any and all school funds of the county not belonging or accruing to the 
School Districts of Greenville County, from whatever source derived, and shall 
disburse them in its discretion for the benefit of the schools of the county. 

1942 Code § 5316; 1932 Code § 5335; Civ. C. '22 § 258S; Civ. C. '12 § 1729; Civ. C. '02 
§ 1199; 1897 (22) 516; 1920 (31) 958, 1068; 1921 (32) 130; 1928 (35) 1249; 1929 (36) 282; 
1930 (36) 1378; 1931 (37) 62, 389. 

§21-2804.1. Blank. 

§ 21-2805. Compensation. 

The compensation of each of the appointed members of the county board 
of education of Greenville County shall be payable monthly. The secretary 
of the board shall receive extra compensation to be fixed by the board of educa- 
tion, not exceeding six hundred dollars per annum, payable monthly. The 
compensation of the appointed members of the county board and the extra 
compensation of the secretary shall be paid from the county board fund. 

1942 Code § 5316; 1932 Code § 5335; Civ. C. '22 § 2588; Civ. C. '12 § 1729; Civ. C. '02 
§ 1199; 1897 (22) 516; 1920 (31) 958, 1068; 1921 (32) 130; 1928 (35) 1249; 1929 (36) 2S2; 
1930 (36) 1378; 1931 (37) 62, 389. 

§ 21-2306. Advisory committees for school district. 

The former boards of trustees of the districts may be so consolidated to 
form the school district of Greenville County shall constitute advisory com- 
mittees to the board of trustees for the district. They shall serve on the 
advisory committees for the term to which they were elected to serve as 
trustees and the county board of education shall, upon the expiration of their 
terms, appoint their successors. 

1951 (47) 409. 

§§21-2807 to 21-2830. Blank. 

§ 21-2831. Budget; no expenditure in excess thereof. 

Prior to the beginning of each school year the governing body of Greenville 
Count)' shall require the trustees of the school district in said county to file 
with it, and such trustees shall file with such body, a budget covering the pro- 
posed expenditures for the school district during the ensuing year which shall 
not exceed the estimated revenue for the school district for such school year. 
The expenditures of the school district shall be kept within the limits of its 
budget. 

1942 Code § 4442; 1937 (40) 596. 

26S 



§ 21-2832 Education § 21-2335 

§ 21-2832. Preparation of budget. 

At the close of each scholastic year the secretary of the county board of 

education shall assist the board of trustees of the school district and the 

county board of education in preparing a financial budget of the school district 

showing the estimated receipts and expenditures of the school district for the 

next succeeding scholastic year. 

1942 Code § 5316: 1932 Code § 5335; Civ. C. '22 § 2588; Civ. C. '12 § 1729; Civ. C. '02 
§ 1199; 1897 (22) 516; 1920 (31) 958, 1068; 1921 (,32) 130; 192S (35) 1249; 1929 (.36) 282; 
1930 (36) 1378; 1931 (37) 62, 389. 

§ 21-2832.1. Budget and tax levies. 

The board of trustees shall annually prepare a budget for the cost of opera- 
tion of the schools and the maintenance of buildings and equipment within the 
district and determine the number of mills required to be levied to finance such 
budget. It shall then certify at an appropriate date the millage required for 
the year to the county superintendent of education and the auditor of Green- 
ville County, whereupon such auditor shall levy the required tax upon all the 
taxable property within the district and the treasurer of Greenville County 
shall collect it in like manner as all other taxes are collected and place the 
sums in the district school account, to be disbursed for the declared purposes 
in the manner fixed by law. The auditor and treasurer of any adjoining county 
in which part of the school district of Greenville County lies shall, upon notice 
from the auditor of Greenville County, declare and collect a like levy in such 
part of such school district as lies in such adjoining county and transfer the 
amounts collected to the treasurer of Greenville County to become a part of the 
county school funds. 

1951 (47) 409. 

§ 21-2833. County board fund. 

All moneys accruing to the county board of education and to be disbursed 
by it shall be designated as the county board fund. A correct and accurate 
account of all receipts and disbursements of said board shall be kept and a 
complete report of the same made at the end of each scholastic year, which 
shall be filed along with other records of said board and a copy thereof also 
filed with the comptroller of the county. 

1942 Code § 5316; 1932 Code § 5335; Civ. C. '22 § 2588; Civ. C. '12 § 1729; Civ. C. '02 
§ 1199; 1897 (22) 516; 1920 (31) 938, 1068; 1921 (32) 130; 1928 (35) 1249; 1929 (36) 282; 
1930 (36) 1378; 1931 (37) 62, 389. 

§ 21-2334. Fees from marriage licenses. 

The judge of probate for Greenville County shall pay over to the county 
board of education all fees and funds received in that office derived from the 
sale of marriage licenses. 

1943 (43) 253. 

§ 21-2335. School district may borrow. 

The county treasurer and the county supervisor of Greenville County shall, 
upon the written request of the school trustees, or a majority of them, of the 

269 



§ 21-2836 



Code of Laws of South Carolina 



§21-2901 



school district, approved by the county board of education, borrow from time 
to time in any fiscal year such sums of money as may be necessary to pay the 
school claims for ordinary school purposes in the school district, not to exceed 
seventy-five per cent of the amount reported by the county auditor for school 
purposes for said fiscal year in the district, at a rate of interest not exceeding 
the rate of seven per cent per annum and shall pledge the taxes to be collected 
in the school district for that purpose for such year for the payment of the 
money so borrowed and the interest thereon. All money so borrowed shall 
be held and paid out by the county treasurer as school funds solely for the 
payment of ordinary school expenses in keeping schools open in the district 
until such schools can realize from the collection of taxes. This section shall 
not be construed to repeal any existing law authorizing the borrowing of 
money for the purposes hereinabove set forth but the authorizations hereof 
shall be in addition to those otherwise provided by law. 
19-42 Code § 5594; 1932 (37) 1226, 1330; 1949 (46) 244. 

§ 21-2836. Blank. 

§21-2837. Warrants. 

In addition to the requirements now provided by law all warrants of the 

county board of education of Greenville County upon the county treasurer shall 

be signed by at least two of the appointed members of said board and the 

county superintendent of education. 

1942 Code § 5316; 1932 Code § 5335; Civ. C. '22 § 2588; Civ. C. '12 § 1729; Civ. C. '02 
§ 1199; 1897 (22) 516; 1920 (31) 958, 1068; 1921 (32) 130; 1928 (35) 1249; 1929 (36) 282; 
1930 (36) 1378; 1931 (37) 62, 389. 



CHAPTER 39. 
Greenwood County. 



Article 1. 
School Trustees. 
Sec. 
21-2901. Election of trustees. 

Article 2. 

School District No. 13. 

21-2911. Number of trustees. 

21-2912. Appointment and term of trustees. 



Sec 
21-2914. Vacancies. 
21-2913. Election instead of appointment. 

Article 3. 

School District No. 18. 

21-2921. Trustees. 

21-2922. When elected. 

21-2923. Conduct of election. 

21-2924. Vacancies. 

21-2925. Officers; report; records public 



Article 1. 
School Trustees. 

§ 21-2901. Election of trustees. 
The patrons of the various schools in Greenwood County may elect the trus- 

270 



§21-2911 Education §21-2921 

tees for the respective school districts. The county superintendent of educa- 
tion shall appoint the trustees elected by the patrons of the respective dis- 
tricts. 

1942 Code § 5598; 1932 Code § 5551; 1927 (35) 96. 

Article 2. 
School District No. 13. 

§21-2911. Number of trustees. 

The board of trustees of Ninety-Six School District No. 13 of Greenwood 
County shall consist of five qualified electors of said school district. 

1948 (45) 1902. 

§ 21-2912. Appointment and term of trustees. 

The original members of the board of trustees of said district having been 
appointed for terms of office of one, two, three, four and five years, respectively, 
from April 1 1949 the county board of education shall appoint successors for 
terms of five years each and until their successors have been appointed or 
elected and qualified. 

1948 (45) 1902. 

§ 21-2913. Election instead of appointment. 

Upon the written application of ten per cent of the qualified electors of said 
school district, filed with the county superintendent of education between 
January 1st and February 15th of any year, the "county board, in lieu of such 
appointments, shall order and conduct an election in said school district to 
be held on the second Tuesday in March of such year after posting notice of 
such election two weeks prior thereto in three public places within said 
school district and publishing a copy thereof in at least two issues, one week 
apart, in any newspaper published in Greenzvood County. The county board 
of education may provide the manner of conducting such elections and de- 
claring the results. 

1948 (45) 1902. 

§ 21-2914. Vacancies. 

In case of a vacancy in the membership of such board of trustees it shall 
be filled for the unexpired term by appointment by the county board of edu- 
cation. 

1948 (45) 1902. 

Article 3. 

School District No. 18. 
§ 21-2921. Trustees. 

The board of trustees of School District No. 18 of Greenzvood County shall 
consist of nine qualified electors of said school district, elected by the qualified 
electors of the district for terms of six years each. 
1944 (43) 1265. 

271 



§21-2922 



Code of Laws of South Carolina 



§21-2925 



§ 21-2922. When elected. 

The original members having been elected for two, four and six year 
terms, elections shall be held within the school district on the second Tuesday 
in January in each even-numbered year to elect three members of the board 
of trustees to succeed the members of the board whose terms are due to expire 
in those years. 

19-44 (43) 126S. 

§ 21-2923. Conduct of election. 

The election of trustees shall be by ballot of the qualified electors of the 
school district. Thirty days prior to the election the county board of educa- 
tion shall publish notice of the election in a newspaper published within the 
school district and shall appoint three qualified electors of the district as 
managers of the election. The managers shall conduct the election and report 
the result to the county board within ten days thereafter. The board shall 
canvass the returns, declare the result and commission the trustees so elected. 

1944 (43) 1265. 

§ 21-2924. Vacancies. 

In the event of a vacancy on the board caused by death or resignation of a 
member, the county board of education shall appoint a qualified elector of 
the school district for the unexpired term. 

1944 (43) 1265. 

§ 21-2925. Officers; report; records public. 

The board of trustees shall elect from its number a chairman, who shall 
preside at its meetings, and a secretary or a secretary and treasurer who shall 
record the proceedings of the board, keep a full and accurate account of all 
moneys received and expended, showing the source and disposition of each 
item, and make a complete itemized report of the receipts and disbursements 
of each scholastic year to the county superintendent of education on or before 
the 15th day of July of each year. The books and vouchers of the secretary 
and treasurer shall be open at all times to inspection by the public. 

1944 (43) 1265. 



CHAPTER 40. 
Hampton County. 



Article 1. 
General Provision. 



Sec. 



21-2952. Payments of districts sending chil- 
dren to another district. 

Article 2. 
Blank. 



Article 3. 

Budgets, Notes and Warrants. 

Sec. 
21-2971. School budget commission. 
21-2972. Forms for budgets. 
21-2973. Preparation and submission of bud- 
get. 
21-2974. Commission to act by July first 



272 



§ 21-2952 Education § 21-2973 

Sec. Sec. 

21-2975. Levy to meet budget. 21-2979. Deposit and use of proceeds of 

21-2976. Issue of notes by school districts. notes. 

21-2977. Terms, form and execution of 21-2980. Levy and collection of taxes to 

notes. pay such obligations. 

21-2978. Xotes exempt from taxes. 21-2981. School warrants. 

21-2982. Purchases must be authorized. 

Article 1. 

General Provision. 

§ 21-2952. Payments of districts sending children to another district. 

Any school district in Hampton County sending children to another school 
district shall pay an amount fixed on a pro rata basis by the county board of 
education to the district to which such children are sent. This tuition pay- 
ment shall be paid by the county superintendent of education by transferring 
the proper amount from the account of the district sending the pupils to the 
account of the district to which the pupils are sent annually but nothing herein 
shall prevent advance payments for tuition from one district to another against 
annual settlements or transfers. The amount of such tuition shall be deter- 
mined by the county superintendent of education and based on the net district 
cost per pupil. 

1942 Code §§ 5600, 5600-1; 1932 Code §§ 5320-E, 5415; 1930 (36) 1827; 1931 (37) 797; 
1950 (46) 1980. 

Cross reference. — As to repeal of 6-0-1 
Law, see 1933 Acts [1933 (38) 567.] 

Article 2. 
Blank. 

Article 3. 
Budgets, Notes and Warrants. 

§ 21-2971. School budget commission. 

The school budget commission of Hampton County shall be composed of 
the county superintendent of education, the county auditor and the county 
treasurer. The county superintendent shall be the clerk of the school budget 
commission. 

1942 Code § 5600-1; 1932 Code § 5320-E; 1930 (36) 1827. 

§21-2972. Forms for budgets. 

Forms for such budgets, showing the estimated finances of the district, 
shall be supplied by the county superintendent of education. 

1942 Code § 5600-1; 1932 Code § 5320-E; 1930 (36) 1827. 

§ 21-2973. Preparation and submission of budget. 

On or before the last day of April of each year, the district school board of 
each school district in Hampton County shall prepare a budget showing the 
[3 SC Code] — 18 273 



§21-2974 Code of Laws of South Carolina §21-2977 

amount of money which, in the judgment of the board, will be needed in the 

ensuing year for the maintenance, operation and support of all schools of 

the district. This budget shall be filed with the clerk of the school budget 

commission. In preparing its budget, the board of trustees of any district 

sending pupils to another district shall add an item for ''Tuition Payment". 

1942 Code § S600-1; 1932 Code § 5320-E; 1939 (36) 1827; 19S0 (46) 1980. 

I 

§ 21-2974. Commission to act by July first. 

The budget commission shall act on each school district budget request on 
or before July first of each year. 

1942 Code § 5600-1; 1932 Code § 5320-E; 1930 (36) 1827; 1950 (46) 1980. 

§21-2975. Levy to meet budget. 

The auditor of Hampton County, upon the receipt of such approved budget, 
shall annually fix the levy for special school purposes to take care of ex- 
pected expenditures which shall include tuition transfers as well as district 
expenditures by trustees' vouchers. But if such budgetary requirement or 
levy shall impose undue hardship upon any contributing district, the county 
superintendent of education and the auditor may make such reduction in mill- 
age as their discretion indicates. 

1950 (46) 1980. 

§ 21-2976. Issue of notes by school districts. 

The board of trustees of any school district in Hampton County may, by 
unanimous decision of such board and with the recommendation of the county 
superintendent of education, apply to the county legislative delegation for 
its approval to issue negotiable notes at a favorable rate of interest to fi- 
nance current school operation, repairs and upkeep of school district property 
and the purchase or replacement of equipment. Authority to approve or dis- 
approve any such application is vested in the county legislative delegation. 

1950 (46) 3160. 

§ 21-2977. Terms, form and execution of notes. 

Upon approval by the county legislative delegation such board of trustees 
may issue its district's numbered time notes at the agreed interest rate, pay- 
able annually, the principal of these numbered time notes to mature within 
six years in equal successive installments, in multiples of one hundred dollars, 
except that the last installment will include such amounts as are less than 
one hundred dollars. Such notes shall be executed and signed on the part of 
the district by each trustee commissioned a member of the board of trustees 
and shall be drawn payable to a designated bank or drawn payable to bearer at 
a designated bank. Such notes when issued shall bear the approving opinion 
of the county attorney for Hampton County that such obligations are valid and 
binding obligations of such district. 

1950 (46) 316a 



274 [3 SC Code] 



§21-2978 Education §21-2982 

§ 21-2978. Notes exempt from taxes. 

Such notes shall be exempt from the payment of county, State, school or 
municipal taxes. 

1950 (46) 3160. 

§ 21-2979. Deposit and use of proceeds of notes. 

The proceeds of such notes shall be deposited to the credit of such district 
with the county treasurer for Hampton County and shall be expended in the 
manner provided by law for the disbursement of school district funds. 

1950 (46) 3160. 

§ 21-2980. Levy and collection of taxes to pay such obligations. 

Upon the execution of an}- obligations authorized under § 21-2976 the board 
of trustees of the district shall file with the auditor of Hampton County a 
statement showing the date of issue of such obligations and their maturity 
with rate of interest. The auditor shall then levy and the county treasurer 
collect a tax annually until such notes are paid upon all taxable property in 
the district sufficient to meet the payments of principal and interest on such 
obligations as they respectively mature. The full faith, credit and taxing pow- 
er of each such district executing notes as herein provided shall be pledged 
for the prompt payment of the principal and interest of such notes. 

1950 (46) 3160. 

§ 21-2981. School warrants. 

In Hampton County before any warrants for the payment of salaries of 
school teachers or any other school claims shall be issued they shall be pre- 
pared by the county superintendent of education, who shall record them in 
some suitable book kept for that purpose. When any such warrant shall 
have been so prepared and shall have been executed, approved and paid, the 
county superintendent of education shall so mark on the records of such claim 
so recorded in his office. 

1942 Code § 5600-2; 1935 (39) 81. 

§ 21-2982. Purchases must be authorized. 

No purchase shall be made and no indebtedness shall be incurred by any 
officer or employee of any school district except as specified and approved by 
the county budget commission. 

1942 Code § 5600-1; 1932 Code § 5320-E; 1930 (36) 1827. 



275 



§21-3053 Code of Laws of South Carolina §21-3057 

CHAPTER 41. 
Horry County. 



Article 1. Sec. 

General Provisions. 21-3062. Additional high school districts. 

21-3063. Transfer of local districts to other 

. ... high school districts. 

21-3053. Appointment and term of school 2 l-3064. Transfer of pupils. 

21-3065. Appointment of trustees; vacan- 
cies. 



Sec. 



trustees. 
21-3054. High school superintendents, etc, 

01 , ncc _, t0 supervise grammar schools. 21-3066. Budget and levy. 

Z1-j0j5. Blank. 

21-3056. Blank. Article 3- 

21-3057. Use of surplus bond retirement . , ,_„. _ . _. . „ 

f un( j s Hickory Hill School District No. 38. 

21-3081. School trustees. 
Article 2 - 21-30S2. Division of revenue. 

High School Districts. 
21-3061. Composition. 

Article 1. 

General Provisions. 

§ 21-3053. Appointment and term of school trustees. 

The county board of education of Horry County shall appoint and commis- 
sion rural school trustees in said county on or before the first day of April 
1955 and each three years thereafter. The terms of office of such trustees 
shall be for three years from the dates of their respective appointment. 

1942 Code § 5605; 1932 Code § 5557; 1923 (33) 90; 1934 (38) 1387; 1935 (39) 227; 1936 
(39) 1765. 

§ 21-3054. High school superintendents, etc., to supervise grammar schools. 

To promote as far as practicable uniform school opportunities for the chil- 
dren in the several high school districts of Horry County, in addition to the 
duties now devolved upon the superintendents of the several high school 
districts of the county, each high school superintendent shall cooperate with 
the trustees of the several grammar schools located in his high school district 
in the selection of principals and teachers and in the management of the 
schools. Such high school superintendent shall also, in cooperation with the 
county superintendent of education, keep an oversight of all grammar 
schools in his district and supervise the curriculum and instruction in such 
grammar schools. 

1942 Code § 5604-2; 1936 (39) 1434. 

§21-3055. Blank. 

§21-3056. Blank. 

§ 21-2057. Use of surplus bond retirement funds. 

In any school district in Horry County in which there remains a surplus 

276 



§ 21-3C61 Education § 21-2C61 

of moneys in the hands of the county treasurer at the end of any year, derived 
from a levy made for the retirement of school bonds or interest thereon, 
after the payment in full of all of the bonded indebtedness due including in- 
terest thereon accrued, the county treasurer shall forthwith transfer such 
surplus money in hand and any which may be thereafter collected upon levies 
placed for the retirement of bonds to the general account of such school dis- 
trict and thereafter the county treasurer shall pay such funds out for general 
school purposes upon vouchers issued by the trustees of such district. 
1947 (45) 228. 

Article 2. 

High School Districts. 
§21-3061. Composition. 

The eight high schools already established in Horry County shall compose 
the high schools of said county and the districts shall bear the names and 
numbers given below and shall be composed of the common school districts 
hereinafter described : 

(1) No. 1 High School District, Conway or Burroughs School, shall be 
composed of the following school districts, to wit: Inland District No. 1, 
Evergreen District No. 2, Savannah Bluff District No. 14, Burroughs District 
No. 19, Good Hope District No. 23, Cedar Grove District No. 24, Hickory 
Grove District No. 32, Juniper Bay District No. 55, Homewood School District 
No. 68, Maple District No. 69, Poplar District No. 70, Shell District No. 71, 
Four Mile District No. 74, Virgo District No. 75, Toddsville District No. 76, 
Salem District No. 81, Red Hill District No. 83, Baxter District No. 85, Brown- 
way District No. 89, Pawley District No. 90, Pee Dee District No. 94 and 
Eldorado District No. 96 ; 

(2) No. 2 High School District, Loris or Simpson Creek School, shall be 
composed of the following school districts: Bear Bay District No. 8, Loris 
District No. 18, White Oak District No. 21, Gurley District No. 25, Princeville 
District No. 30, Oak Grove District No. 34, Simpson Creek District No. 39. 
Daisy District No. 41, Oak Dale District No. 42, Hulls Island District .No. 43, 
Deep Branch District No. 44, Red Bluff District No. 49, Allsbrook District 
Xo. 56, Sweet Home District No. 57, Leon District No. 72, Ebenezer District 
No. 78, Beulah District No. 98 and Mount Vernon District No. 101 ; 

(3) No. 3 High School District, Green Sea School, shall be composed of the 
following school districts: Bayboro District No. 4, Green Sea District No. 7, 
Powell District No. 29, Zoan District No. 31, Finklea District No. 33, Fowler 
District No. 35, Grassy Bay District No. 36, Hickory Hill District No. 38, 
Norton District No. 87, Carolina District No. 97 and Forge District No. 54; 

(4) No. 4 High School District, Aynor or Gallivant's Ferry School, shall be 
composed of the following school districts : Rehobeth District No. 3, Sandy 
Plain District No. 5, Cool Spring District No. 26, Zion District No. 27, Chapel 
District No. 28, Joiner Swamp District No. 40, Red Hill District No. 47, Horry 
District No. 48, Poplar Hill District No. 52, Allen District No. 53, High Point 
District No. 59, Rehobeth District No. 63, Mt. Herman District No. 73, Mill 

277 



§ 21-3062 Code of Laws of South Carolina § 21-3064 

Swamp District No. 82, Brunson District No. 84 and Aynor District No. 99; 

(5) No. 5 High School District, Little-River- Wampee School, shall be 
composed of the following school districts : Little River District No. 9, Dog- 
wood Neck District No. 10, Tilly Swamps District No. 45, Wampee District 
No. 61, Waccamaw District No. 88 and Vaught District No. 92; 

(6) No. 6 High School District, Socastee School, shall be composed of the 
following school districts: Socastee District No. 11, Burcol District No. 22, 
Enterprise District No. 64 and Central District No. 95 ; 

(7) No. 7 High School District, Floyds School, shall be composed of the 
following school districts: Athens District No. 6, Pine Grove District No. 16, 
Wannamaker District No. 17, Mt. Olive District No. 21, Oakland District Xo. 
46, Floyds District No. 50, Cedar Creek District No. 51, Pineland District No. 
65, Pizgah District No. 67 and Spring Branch District No. SO ; and 

(8) No. 8 High School District, heretofore known as Myrtle Beach High 

School District, shall be composed of Myrtle Beach School District No. 13 

only. 

1942 Code § 5604; 1932 Code § 5643; 1927 (35) 904; 1928 (35) 1914; 1931 (37) 317; 1946 
(44) 2601, 2604; 1951 (47) 20. 

§ 21-3062. Additional high school districts. 

At any time it is desired to organize additional high school districts in 
Horry County, the persons proposing any such new district shall give due 
notice of such intention by advertising in the public prints of the county for 
three weeks of the territory proposed to be incorporated into a high school 
district and the date at which they will lay their claims before the county 
board of education and any and all persons interested shall be heard. If the 
county board of education approves such petition, it shall have no force and 
effect until it has been heard by the State Board of Education and has had 
the approval of a majority of the total membership of the State Board of 
Education. 

1942 Code § 5604; 1932 Code § 5643; 1927 (35) 904; 1928 (35) 1914; 1931 (37) 317. 

§ 21-3063. Transfer of local districts to other high school districts. 

The county board of education of Horry County may transfer any local 
school district from a high school district in the territory of which it is now 
situated to another high school district upon (a) petition of two-thirds of the 
qualified voters and freeholders in such district, (b) the county board being 
satisfied that it is to the best interest of such local school district to be so 
transferred and (c) the approval of the State Board of Education. 

1942 Code § 5604; 1932 Code § 5643; 1927 (35) 904; 1928 (35) 1914; 1931 (37) 317. 

§ 21-3064. Transfer of pupils. 

When, in the interest of economy and for the convenience of pupils, the 
high school board of trustees deems it expedient to transfer pupils from their 
high school district to some other high school district in Horry County or else- 
where in this State, they shall, after determining such matter, arrange for the 

27S 



§ 21-3065 Education § 21-3082 

proper transfer or payment of the funds allotted to such pupils to the high 
school district which they are authorized to attend. 

19-12 Code § 5604; 1932 Code § 5643; 1927 (35) 904; 1928 (35) 1914; 1931 (37) 317. 

§ 21-3065. Appointment of trustees; vacancies. 

The county board of education shall appoint five trustees for each high 
school district, with the same qualifications and powers as provided by law 
for trustees of the common school districts of the county for terms of five 
years, the term of one member to expire annually; provided, that in District 
No. 1, three of the trustees shall be selected from the board of trustees of 
Burroughs School. 

As each term expires the county board of education shall appoint a successor 
for five years. The county board may fill vacancies. 

1942 Code § 5604; 1932 Code § 5643; 1927 (35) 904; 1928 (35) 1914; 1931 (37) 317. 

§21-3066. Budget and levy. 

The board of trustees of each high school district shall prepare a statement 
of the expected needs of such high school district including incidental ex- 
penses, transportation and such other expenses as are necessary to the suc- 
cessful operation of the high school and transmit to the county auditor such 
statement. The county auditor shall charge a sufficient levy against the 
taxable property of the high school district to produce the amount needed. 
The tax to be levied annually for the operation of high schools under the 
provisions of this section shall be limited to and not exceed the following 
levies in the several high school districts, to wit: Conway No. 1, fifteen mills : 
Loris No. 2, sixteen mills ; Green Sea No. 3, sixteen mills ; Aynor No. 4, 
seventeen mills ; Wampee No. 5, twelve mills ; Socastee No. 6, twelve mills ; 
Floyds No. 7, seventeen mills ; and Myrtle Beach No. 8, twelve mills. 

1942 Code § 5604; 1932 Code § 5643; 1927 (35) 904; 1928 (35) 1914; 1931 (37) 317; 1946 

(44) 1415. 

Cross reference. — As to repeal of 6-0-1 
Law, see 1933 Acts [1933 (38) 567]. 

Article 3. 
Hickory Hill School District No. 38. 

§21-3081. School trustees. 

There shall be three trustees appointed and commissioned as provided by 
law for each of the schools in Hickory Hill School District No. 38 and such 
schools shall be known and designated as Hickory Hill Nos. 1 and 2 of District 
No. 38. 

1942 Code § 5605-1 ; 1939 (41) 554. 

§ 21-3082. Division of revenue. 

All taxes levied and all income of said Hickory Hill School District No. 38 
shall be equally divided between said schools Nos. 1 and 2. 

1942 Code § 5605-1; 1939 (41) 554. 

279 



§21-3102 Code of Laws of South Carolina §21-3105 

CHAPTER 42. 

Jasper County. 

Sec. Sec. 

21-3102. Term of county superintendent. 21-3108. Levy and collection of tax to meet 

21-3103. School districts. budgets. 

21-3104. Appointment of trustees. 21-3109. Borrowing to meet budgets.. 

21-3105. Salaries of teachers and officials. 21-3110. Expenditures. 

21-3106. Blank. 21-3111. Claims in excess of budget not to 

21-3107. Preparation and approval of school be paid; transfer of budget items, 
district budgets. 

§ 21-3102. Term of county superintendent. 

The county superintendent of education of Jasper County shall hold his office 
for a term of two years, and he shall be elected in the general election as 
other officers are elected in said county. 

1942 Code §§ 5301, 5606; 1932 Code §§ 4398, 5308. 5320-F; Civ. C. '22 § 2566; Civ. C 
'12 § 1717; Civ. C. '02 § 1186; 1896 (22) 150; 1903 (23) 58; 1907 (25) 652; 1908 (25) 1350; 
1909 (26) 124, 180; 1910 (26) 698, 699, 700; 1911 (27) 62; 1912 (27) 683, 684; 1914 (28) 
494, 497, 647; 1915 (29) 185, 515; 1919 (31) 75; 1920 (31) 1068; 1921 (32) 104, 130: 1923 
(33) 41; 1924 (33) 1157; 1925 (34) 121, 144; 1927 (35) 254; 1928 (35) 1291; 1929 (36) 1, 
7, 33, 227, 267, 268; 1930 (36) 1844; 1931 (37) 40, 77, 389; 1944 (43) 2272. 

§21-3103. School districts. 

Jasper County is hereby divided into four school districts as follows : 

(1) School District No. 1 shall be composed of the territory within the 
boundaries of Coosawhatchie Township ; 

(2) School District No. 2 shall be composed of the territory within the 
boundaries of Pocotaligo Township; 

(3) School District No. 3 shall be composed of the territory within the 
boundaries of Robert Township ; and 

(4) School District No. 4 shall be composed of the territory within the 
boundaries of Hardeeville Township. 

1947 (45) 211. 

§21-3104. Appointment of trustees. 

The board of education of Jasper County may appoint trustees to be mem- 
bers of the boards of trustees of each of such school districts. 

1947 (45) 211. 

§ 21-3105. Salaries of teachers and officials. 

The salaries of school teachers and officials in Jasper County shall not ex- 
ceed the following sums: superintendent of the Ridgeland school, four thou- 
sand eight hundred dollars with an additional travel expense of two hundred 
dollars ; principal of Ridgeland High School, three thousand four hundred 
dollars; principal of the Ridgeland grammar school, three thousand two 
hundred dollars ; physical education director of Ridgeland School, three thou- 
sand two hundred dollars ; superintendent of Grays School, three thousand two 
hundred dollars ; athletic coach at Grays School, a supplement of fifty dollars 
above teaching salary; superintendent of Tillman School, two thousand two 

280 



§ 21-3106 Education § 21-3109 

hundred dollars ; superintendent of Hardeeville School, one thousand six hun- 
dred dollars, which shall be Jasper County's portion, being one-half thereof; 
superintendent of Jasper County Training School, thirty-five dollars and super- 
intendent of Good Hope School, thirty dollars per month above State aid. 

Teachers may be paid twenty-five dollars per month in excess of the State 
schedule for a period of not exceeding nine months. But the salaries of the 
agriculture teachers of the various schools in the county shall be set by the 
county board of education. 

1949 (46) 422. 

§21-3106. Blank. 

§ 21-3107. Preparation and approval of school district budgets. 

The trustees of each of the school districts in Jasper County shall submit 
to the county board of education of that county, on or before the first day of 
April each year, a budget in such form as may be required by the county 
board of education for the operation of the schools for the ensuing scholastic 
year. At some specified time, not later than the fourteenth day of April 
of each year, each of the boards of trustees of the school districts shall meet 
with the county board of education for the purpose of adjusting such differ- 
ences, if any, as may exist between the amounts of the budgets as submitted 
by the boards of trustees and the amounts which in the judgment of the county 
board of education are found necessary for the operation of the schools. The 
decision of the county board of education shall be final in the determination of 
the budget necessary for the operation of the schools and transportation of 
pupils in each of the school districts within the county. In making such de- 
cision the county board of education shall consider the average per pupil cost 
of operation within the county for the preceding scholastic year. 

1950 (46) 1834. 

§ 21-3108. Levy and collection of tax to meet budgets. 

The county auditor of Jasper County shall levy annually upon all property 
in Jasper County a sufficient tax to meet the total of the budgets for school 
purposes as authorized to be fixed under the provisions of § 21-3107 and the 
county treasurer shall collect the tax so levied as other taxes are collected. 
The amount of any annual levy shall first be determined by the county board 
of education, the county treasurer and the county auditor and shall be in such 
amount as these officials determine is necessary to meet the cost of operating 
the schools and providing transportation for the pupils in the county. 

1950 (46) 1834. 

§ 21-3109. Borrowing to meet budgets. 

In order to meet such budgets the treasurer and board of education of Jasper 
County may borrow, as and when needed, such sums as may be necessary, not 
exceeding a total of twenty thousand dollars, and at a rate of interest not 
exceeding five per cent per annum. Such officers shall execute a proper form 

281 



§21-3110 Code of Laws of South Carolina §21-3151 

of note for Jasper County as evidence of such indebtedness and may pledge 
the taxes herein levied as security therefor. 
1950 (46) 2202. 

§21-3110. Expenditures. 

The proceeds of the levy shall be expended by the boards of trustees of the 
several school districts for the purposes shown in the budgets upon the 
approval of the county superintendent of education. 

1950 (46) 1834. 

§ 21-3111. Claims in excess of budget not to be paid; transfer of budget items. 

The county superintendent of education shall not pay any claim in excess 
of that approved in the budget for any school district as approved by the 
count}' board of education. But any board of trustees with the approval of the 
county board of education may transfer from one item to another in its 
budget as finally approved any sum not needed or expended for the purpose 
finally approved, with the limitation that the total expenditure shall not 
exceed the total as approved by the county board of education. 

1950 (46) 1834. 



CHAPTER 43. 

Kershaw County. 

See. ' Sec. 

21-3151. County board of education. 21-3168. High school district budgets. 

21-3152. Members; vacancies. 21-3169. Sums set aside for payment of 

21-3153. Compensation. teachers' salaries. 

21-3154. Officers and meetings. 21-3170. Contracts and expenditures limited 

21-3155. Employment of personnel. to budgets. 

21-3156. General duty of board. 21-3171. Incidental fund. 

21-3157. Blank. 21-3172. Levy and collection of taxes to 

21-3158. Blank. meet budgets. 

21-3159. Board's objective in providing 21-3173. Apportionment of receipts from 

school financing. tax levy. 

21-3160. Duties and powers of county su- 21-3174. Credit of funds received for school 

perintendent of education. purposes. 

21-3161. High school districts. 21-3175. Additional district levy to meet in- 

21-3162. High school district trustees. dcbtedness. 

21-3163. Terms of office. 21-3176. Treasurer to report on bonds, etc. 

21-3164. Trustees of School District No. 1. 21-3177. Borrowing by boards. 

21-3165. Election of school trustees. 21-3178. Blank. 

21-3166. Superintendents of schools. 21-3179. Additional traveling expenses of 

21-3167. Powers of high school district county superintendent 

boards. 

§21-3151. County board of education. 

The central authority of the public school system of Kershaw County shall 
be vested in the county board of education consisting of eight members, none 
of whom shall be paid personnel of any school district, whose duties and 
powers shall be as provided herein. 

1950 (46) 2172. 

282 



§21-3152 Education §21-3157 

§21-3152. Members; vacancies. 

The chairmen of the respective boards of trustees of the high school districts 
of Kershaw County, ex officio, together with a member to be selected at large, 
and the county superintendent of education shall constitute the county board 
of education. The duties conferred upon such chairmen as members of the 
county board of education are in addition to the duties exercised by them as 
members of the boards of trustees of the respective high school districts. 

The member at large shall be selected by the chairmen of the respective 
boards and shall serve for a period of three years and until his successor has 
been selected and qualifies. Any vacancy occurring in the office of the member 
at large for any reason shall be filled for the unexpired term as provided for 
the original appointment. 

The county superintendent of education shall have the right to vote as a 
member of the board only in case of a tie or when his presence is necessary 
to constitute a quorum. 

1950 (46) 2172. 

§21-3153. Compensation. 

The members of the board shall receive per diem for attendance at board 
meetings and in addition shall be reimbursed for travel expenses incurred in 
carrying on official business of the board. But no member shall receive more 
than a total of two hundred dollars in per diem payments in any one year. 

1950 (46) 2172. 

§ 21-3154. Officers and meetings. 

The board shall elect from its membership a chairman and a vice-chairman 
annually at a meeting on the first Tuesday next following April 15th of each 
year. The board shall hold regular monthly meetings which shall be open 
to the public and special meetings at such other times as may be necessary. 

1950 (46) 2172. 

§21-3155. Employment of personnel. 

The county board of education shall, upon nomination by the county super- 
intendent of education, employ and fix salaries and supplements for all per- 
sonnel necessary for the efficient operation of school services assumed by the 
county board of education for the benefit of the school system of the county 
as a whole. 

1950 (46) 2172. 

§ 21-3156. General duty of board. 

The county board of education shall have general supervision of all phases 
of the public school program in Kershaw County except as may be otherwise 
vested by this chapter in the boards of trustees of the several high school dis- 
tricts. 

1950 (46) 2172. 

§21-3157. Blank. 

283 



§21-3158 Code of Laws of South Carolina §21-3162 

§21-3158. Blank. 

§ 21-3159. Board's objective in providing school financing. 

In providing for the financing of the school system of Kershaiv County 
the county board of education shall have as its objective the equalization of 
funds available for the adequate operation of all schools in the county. 

1950 (46) 2172. 

§ 21-3160. Duties and powers of county superintendent of education. 

The county superintendent of education shall be ex officio secretary, execu- 
tive officer and administrative officer of the county board of education. He 
shall effectuate the official policies of the board of education and recommend 
to the board from time to time such changes in procedure and policy as will, 
in his opinion, improve the school system in the county. He shall consult 
with the board when in doubt as to his official duties. 

1950 (46) 2172. 

§21-3161. High school districts. 

(1) The area comprising school districts Nos. 1, 2, 16, 29 and 43 on May 6 
1950 shall be known as Camden High School District No. 1 ; 

(2) The area comprising school districts Nos. 3, 7 and 31 on said date shall 
be known as Mt. Pisgah High School District No. 2; 

(3) The area comprising school districts Nos. 4, 15, 25 and 42 on said date 
shall be known as Midway High School District No. 3 ; 

(4) The area comprising school districts Nos. 11, 12, 38 and 39 on said 
date shall be known as Blaney High School District No. 4; 

(5) The area comprising school districts Nos. 8, 9, 19, 27, 28. 30, 33, 37 and 
41 on said date shall be known as Baron DeKalb High School District No. 5; 

(6) The area comprising school districts Nos. 5, 20, 22 and 23 on said date 
shall be known as Bethune High School District No. 6 ; 

(7) The area comprising school districts Nos. 10, 13, 40, 46 and 47 on said 
date shall be known as Kershaw High School District No. 7 ; and 

(8) The area comprising District No. 6 on said date shall be known as An- 
tioch High School District No. S. 

1950 (46) 2172. 

§ 21-3162. High school district trustees. 

In each of the high school districts the board of trustees of the district 
wherein the high school is located, together with the chairman of each of 
the school districts in the high school district shall act ex officio as trustees 
of such high school district and shall elect their chairman. If there be no 
high school in a high school district the chairmen of the several school dis- 
tricts therein shall constitute the high school district board. If, in any 
of the high school districts the number of high school trustees should be an 
even number, the high school board shall, immediately after organizing, elect 
an additional member of the board from the high school district at large, 

2S4 



§ 21-3163 Education § 21-3166 

whose term of office shall be for three years dating from July 1 1950 and whose 
duties and powers shall be limited to the high school district. 
1950 (46) 2172. 

§21-3163. Terms of office. 

The terms of office of the members of the boards of trustees of the high 
school districts shall coincide with their terms of office as members of their 
local boards. 

1950 (46) 2172. 

§ 21-3164. Trustees of School District No. 1. 

The local board of trustees of School District No. 1, which is a part of 
Camden High School District No. 1, shall be composed of five members to be 
appointed by the county board of education or selected in the manner pro- 
vided in § 21-3165. Two members of said board shall be residents of that 
area of School District No. 1 embracing the two mill villages and other 
areas immediately adjoining thereto, a part of which lies outside of the 
city of Camden. 

1950 (46) 2172. 

§ 21-3165. Election of school trustees. 

Upon the filing with the county board of education of Kershazv County of 
a petition of one-half of the qualified electors of any school district in the 
county for an election of school trustees for such district, the county board 
of education shall order such election to be held as herein provided. The 
board of education upon receiving such a petition shall fix a date for holding 
such election which shall be at least thirty days subsequent to the filing of 
such petition and shall give three weeks' notice of such election by publica- 
tion in a newspaper circulated in the county and by posting in at least three 
public places in such district. At such election only qualified electors shall 
be permitted to vote. The county board of education shall appoint managers, 
prepare ballots, receive the returns and declare the results of such election. 
The county board of education shall designate a day some time previous to 
the election for a meeting of the citizens of said school district to nominate 
candidates to run in such election. Should the district be unable to get 
more nominees than the vacancies to be filled, then the meeting held for 
the purpose of nominating candidates shall be deemed a recommendation and 
the persons so recommended shall be appointed by the county board of educa- 
tion as trustees to fill the then existing vacancies. The expenses of such 
election shall be paid from the school fund of the high school district in 
which such election is held. 

1942 Code § 5612; 1932 Code § 5560; 1924 (,33) 954, 1166; 1925 (34) 109; 1927 (35) 
283; 1950 (46) 2172. 

§ 21-3165. Superintendent of schools. 

The board of trustees in each high school district maintaining a high school 
shall employ a superintendent of schools who shall be the executive and 

285 



§ 21-3167 Code of Laws of South Carolina § 21-3171 

administrative officer of the board. The superintendent shall supervise all 
phases of the school program in all the schools in the area constituting the 
high school district. 
1950 (46) 2172. 

§ 21-3167. Powers of high school district boards. 

The trustees of the high school districts shall have the responsibility for 
all phases of the school program in their respective high school districts 
except as may be vested by law in the county board of education. Each 
board shall employ the personnel required for the operation of the schools of 
the high school district. They shall fix the length of the school term with 
the approval of the county board of education. 

1950 (46) 2172. 

§ 21-3168. High school district budgets. 

On or before the first day of July in each year the boards of trustees of 
each of the high school districts shall submit to the county board of educa- 
tion for its approval a budget of estimated needs for the ensuing school year, 
which shall be in such form as may be required by the board. On the basis 
of these budgets the county board of education shall determine the extent 
to which the proposed budget of each high school district shall be financed 
by apportionment from the funds of the county-wide levy provided in this 
chapter. 

1950 (46) 2172. 

§ 21-3169. Sums set aside for payment of teachers' salaries. 

The superintendent of education for Kershaw County shall determine, by 
the first of November of each year, from the trustees of each high school dis- 
trict the total amount of the district's obligations for teachers' salaries for 
the ensuing year and from the various sources of revenue creditable to such 
district he shall set aside a sufficient sum to pay the salaries of the teachers 
of each such district according to the amount furnished by the trustees. The 
superintendent of education shall not approve any claim, or part of a claim 
and charge it to such account, except claims for teachers' salaries. 

1942 Code § 5611-1; 1932 Code § 5631; 1926 (34) 949. 

§ 21-3170. Contracts and expenditures limited to budgets. 

The trustees of the several school districts of Kershazv County are hereby 
prohibited from contracting for or expending any amounts in excess of the 
amounts provided for in the budgets and in excess of the taxes which may be 
directed levied by the county board of education and the county legislative 
delegation as provided in this chapter. 

1942 Code § 5611; 1933 (38) 507. 

§ 21-3171. Incidental fund. 

After the fund for teachers' salaries has been set aside as provided for in 
§ 21-3169 the county superintendent of education shall determine as nearly 

2S6 



§21-3172 Education §21-3174 

as possible the amount available for such district in excess of what is neces- 
sary to pay teachers' salaries and set this fund aside on his books as an "In- 
cidental Fund" and shall charge all claims to this fund except teachers' 
salaries. 

1942 Code § 5611-1; 1932 Code § 3631; 1926 (34) 949. 

§ 21-3172. Levy and collection of taxes to meet budgets. 

The county board of education shall annually certify to the county legisla- 
tive delegation a tax levy to be applied uniformly to all property in the county 
which, in the opinion of the board, is required to guarantee an adequate pro- 
gram of public school education to all children in the county and the delega- 
tion shall thereupon impose such levy. The levy so imposed by the delegation 
shall be entered by the county auditor and collected by the county treasurer 
in the same manner as are other taxes on property. Proceeds of this levy 
shall be credited by the county treasurer to the county board of education. 

1950 (46) 2172. 

§ 21-3173. Apportionment of receipts from tax levy. 

The county board of education shall annually provide for the apportion- 
ment of the proceeds of the uniform county-wide tax provided for in § 21-3172 
in the following manner : 

(1) Provision shall be made for the necessary expenses of the office of the 
county superintendent of education, including personnel and including such 
other school services as may be operated by the county board of education 
for the benefit of the school system of the county as a whole ; 

(2) A portion of the proceeds of the tax shall be allotted for the purpose 
of financing an adequate uniform county-wide schedule of supplements to 
the State aid salary schedule for teachers, such supplements to be in propor- 
tion to the State aid as determined by the teachers' certificates ; 

(3) A portion of the tax shall be allotted to each of the high school dis- 
tricts for current operating expense not otherwise provided for herein, the 
basis of such allotment to be determined by the board and uniformly applied 
in each of the high school districts ; and 

(4) A portion of the tax shall be allotted to each of the high school dis- 
tricts for capital outlay purposes, which shall include construction of new 
buildings, additions to existing buildings, renovation of buildings and the 
purchase of equipment, or for the retirement of indebtedness incurred for 
capital outlay purposes. 

This provision shall not be construed to prejudice the right of any high 
school district of Kershazv County to borrow for capital outlay purposes under 
the general laws of the State. 

1950 (46) 2172. 

§ 21-3174. Credit of funds received for school purposes. 

Funds collected or received by the county treasurer for school purposes 
shall be credited as outlined below : 

2S7 



§21-3175 Code of Laws of South Carolina §21-3177 

(1) State and Federal funds shall be credited directly to the high school 
districts or county board of education for which they were remitted; 

(2) The proceeds of the uniform county-wide tax for school purposes 
shall be credited to the county board of education and the county board of 
education shall certify to the county treasurer the apportionment of this 
fund to each of the several high school districts and when so notified the 
county treasurer shall make transfers from the county board of education 
account to each of the high school district accounts in accord with the ap- 
portionment by the county board ; and 

(3) The amount so certified by the county board of education as having 
been allotted for capital outlay purposes shall be credited by the county 
treasurer to a special account for each high school district and shall at all 
times be kept separate from allotments for operating purposes. 

Records of all school funds not specifically provided for herein shall be 
kept as directed by the county board of education. 
1950 (46) 2172. 

§ 21-3175. Additional district levy to meet indebtedness. 

If the annual apportionment to any high school district by the county board 
of education for capital outlay purposes is not sufficient to meet the principal 
and interest payments due on bonds or notes in any year, the board of trus- 
tees shall certify to the county board of education the additional levy required 
to meet such payments, which shall then be certified by the county board to 
the county legislative delegation. When such levy is imposed on all the prop- 
erty of that high school district by the county legislative delegation, such levy 
shall be assessed by the county auditor and collected by the county treasurer. 
The proceeds of this levy shall be credited to the capital outlay account for 
the high school district concerned. 

1950 (46) 2172. 

§ 21-3176. Treasurer to report on bonds, etc. 

At the same time the treasurer of Kershaw County publishes his annual 

report on expenditures of the various school districts, he shall designate 

the school districts that are bonded, the amount of the bonds, the amount set 

aside for a sinking fund for the year the report covers and into whose hands 

the sinking fund has been entrusted. 

1942 Code § 5610-1; 1932 Code § 2828; Civ. C. '22 § 503; Civ. C. '12 § 452; Civ. C. '02 
§ 404; G. S. 1023; R. S. 331; 1878 (18) 584; 1926 (34) 941; 1942 (42) 1447. 

Cross references. — As to required deposit interest, see § 65-2014. As to security for 
by county treasurers of certain funds at such deposit, see §65-2015. 

§21-3177. Borrowing by boards. 

The school trustees of any district in Kershaw County in which is located 
a high school, may borrow money for the purpose of operating the school in 
such district and pledge the special taxes of the district for the payment of 
the same. 

1942 Code § 5330; 1932 Code § 5356; Civ. C. '22 § 2603; Civ. C. '12 § 1742; Civ. C. '02 

288 



§21-3178 



Education 



§21-3179 



§ 1208; 1896 (22) 162; 1900 (23) 364; 1903 (24) 64; 1906 (25) 111; 1907 (25) 631; 1910 
(26) 742; 1915 (29) 100; 1917 (30) 382; 1920 (31) 727, 1084; 1923 (33) 773; 1924 (33) 988; 
1925 (34) 157; 1930 (36) 1126; 1934 (38) 1591. 

§ 21-3178. Blank. 

§ 21-3179. Additional traveling expenses of county superintendent. 

In addition to the amount provided prior to March 4 1927 for the traveling 
expenses of the superintendent of education of Kershaw County, the county 
board of education may, in its discretion, allow annually an amount not ex- 
ceeding four hundred dollars per annum to the county superintendent to 
cover the cost of travel, within or without the county, incident to the duties 
of his office. Such additional allowance for traveling expenses shall be paid 
by the county board of education out of any general fund coming into its 
hands and subject to its discretionary control. 
1942 Code § 5611-2; 1932 Code 4529; 1927 (35) 97; 1946 (44) 1366. 



CHAPTER 44. 
Lancaster County. 



Article 1. 
General Provisions. 



Sec. 



21-3201. Supplemental salaries of officials 

and teachers. 
21-3202. Supervision of grammar schools. 
21-3203. Sweet potato curing houses. 

Article 2. 

County Superintendent and Supervisor 
of Schools. 

21-3211. Superintendent of education. 

21-3212. Election; duties and powers; sal- 
ary; travel expenses. 

21-3213. Vacancies in office of county su- 
perintendent. 

Article 3. 

County Board of Education. 

21-3221. County board of education. 

21-3222. Blank. 

21-3223. Blank. 

21-3224. Chairman of county board. 

21-3225. Meetings; quorum. 

21-3226. Blank. 

21-3227. General pov/ers of board. 



Article 4. 

School Trustees. 

21-3241. Election of school trustees. 

21-3242. Vacancies. 

21-3243. Duties and powers of trustees. 

(3 SC Code] — 19 2S9 



Article 5. 
Financial Matters. 
Sec. 

21-3251. Auditor to furnish board with re- 
port of taxable property. 

21-3252. Blank. 

21-3253. Annual tax to operate schools. 

21-3254. Blank. 

21-3255. Levies for deficits. 

21-3256 to 21-3260. Blank. 

21-3261. Collection and disbursement of 
school funds. 

21-3262. Expenditures not to exceed bud- 
get. 

21-3263. Salaries. 

21-3264. Tuition and school attendance. 

21-3265. Blank. 

21-3266. Contingent fund. 

21-3267. Claims. 

Article 6. 

Buford, Flat Creek and Indian Land 
High School Districts. 

21-3281. Creation. 

21-3282. Effect of creation of such districts. 

21-3283. Powers of trustees. 

21-3284. Tax levies uniform. 

Article 7. 

Consolidated School District No. 30. 

21-3291. Establishment. 

21-3292. Trustees. 

21-3293. Election of trustees. 



§21-3201 Code of Laws of South Carolina §21-3212 

Article 1. 

General Provisions. 

§ 21-3201. Supplemental salaries of officials and teacrjers. 

The county board of education of Lancaster County may supplement the 
salaries of superintendents, principals and teachers in the high schools of 
the county in such amounts as it sees fit ; provided, however, that no high 
school teacher shall be paid more than one thousand dollars per year and 
then only on the written petition of the trustees or a majority thereof of 
the high school in which such teacher teaches. 

1942 Code § 5613; 1937 (40) 519; 1940 (41) 1893. 

§ 21-3202. Supervision of grammar schools. 

The superintendent of each high school in Lancaster County is charged 
with the responsibility of supervision of the grammar schools in his high 
school district, subject to the general powers conferred by law on the local 
board of trustees and the county board of education. 

1943 (43) 65; 1945 (44) 191. 

§ 21-3203. Sweet potato curing houses. 

The county board of education may build, equip and maintain sweet potato 
curing houses in such high school districts as it deems expedient, such houses 
to be supervised by the trustees of the high school district in which they are 
located and operated by the agriculture teacher. 

1945 (44) 191. 

Article 2. 

County Superintendent and Supervisor of Schools. 

§ 21-3211. Superintendent of education. 

The superintendent of education of Lancaster County shall have and exer- 
cise, except as herein specifically provided, the duties and powers ordinarily 
exercised and incident to the duties of that office under the laws of this 
State, subject to the authority vested in the county board of education. The 
county superintendent of education may employ the employees in his office 
and shall have complete jurisdiction over them in their services. His reg- 
ular term of office shall be for four years and until his successor shall have 
been elected and qualified. 

1943 (43) 65; 1945 (44) 191; 1947 (45) 49. 

§ 21-3212. Election ; duties and powers ; salary ; travel expenses. 

With the term beginning July 1 1953, the county superintendent of edu- 
cation shall be elected in the general election as provided for by law in the 
case of elective county officers. The county superintendent of education 
shall have general supervision over all the schools of Lancaster County and 
perform such duties as may be required of him by the county board of educa- 
tion. The salary of the superintendent of education shall be payable monthly 

290 [3SCCode] 



I 



§ 21-3213 Education § 21-3223 

and he shall also receive the sum of six hundred dollars payable in like manner 
to cover travel expenses. 

1943 (43) 65; 1944 (43) 2243; 1945 (44) 191; 1951 (47) 506. 

§ 21-3213. Vacancies in office of county superintendent. 

Any vacancy in the office of county superintendent of education in Lancaster 
County shall be filled by the Governor upon the recommendation of the Sen- 
ator or a majority of the legislative delegation of the county. 

1942 Code § 5302; 1932 Code § 5309; Civ. C. '22 § 2567; Civ. C. '12 § 1718; Civ. C. '02 
§ 1187; 1896 (22) 150; 1932 (37) 1364; 1935 (39) 439, 456. 

Article 3. 
County Board of Education. 

§ 21-3221. County board of education. 

The county board of education of Lancaster County shall be composed 
of eight members, one of whom shall be the county superintendent of educa- 
tion, ex officio. The regular terms of office for the other seven members shall 
be four years or, in the case of members who are required to be chairmen 
of their respective high school districts, so long as they shall be chairmen 
thereof and until their successors shall have been elected and qualified under 
the provisions hereof. Such members of the county board of education other 
than the superintendent of education shall be elected from the respective 
school districts as follows: one member from Indian Land High School 
District, who shall be chairman of the board of trustees of said district, one 
member from Flat Creek High School District, who shall be chairman of 
the board of trustees of said district, one member from Kershaw High School 
District, who shall be chairman of the board of trustees of said district un- 
less such chairman shall be a resident of Kershazv County in which event such 
member from Kershaw High School District shall be such member of the 
board of trustees of said district, resident in Lancaster County, who is desig- 
nated by said board, one member from Heath Springs High School District, 
who shall be chairman of the board of trustees from said district, one mem- 
ber from Buford High School District, who shall be chairman of the board 
of trustees of said district, two members from Lancaster High School Dis- 
trict, one of whom shall be the chairman of the board of trustees of said 
district and the other of whom shall be elected from School District No. 14 
in said county by voters therein, which includes the city of Lancaster and 
Lancaster Mill. The election of this member shall be held at the same time 
as the election of other members of said board. 

1943 (43) 65; 1945 (44) 191; 1947 (45) 49. 
§21-3222. Blank. 

§21-3223. Blank. 

291 



§ 21-3224 Code of Laws of South Carolina § 21-3241 

§ 21-3224. Chairman of county board. 

The county board of education shall elect its chairman. 
1945 (44) 191. 

§ 21-3225. Meetings ; quorum. 

The county board of education shall meet at least once each month and 
shall have additional meetings as often as may be necessary. It shall meet 
upon the request of any two members. Three members shall constitute a 
quorum. 

1942 Code § S613; 1937 (40) S19; 1940 (41) 1893. 

§ 21-3226. Blank. 

§ 21-3227. General powers of board. 

The county board of education shall be charged with the expenditure of 
all school funds for school purposes and shall see that the school laws are 
generally executed, except as otherwise specifically provided for herein. The 
county board of education may prescribe rules and regulations for the conduct 
of the schools in the county not inconsistent with law. 

1943 (43) 65; 1945 (44) 191; 1947 (45) 49. 

Article 4. 

School Trustees. 

§ 21-3241. Election of school trustees. 

On the first Tuesday in January in every odd-numbered year there shall 
be an election to fill the several boards of school trustees of all of the schools 
in the county. On said date the patrons and resident taxpayers of the re- 
spective school districts shall meet at the respective school houses in the 
several districts and elect the trustees for the districts. Such meetings shall 
be held at eight o'clock P.M., Eastern Standard Time, and shall be organized 
by the selection of a chairman and a secretary. The chairman shall call the 
meeting to order and state the purposes thereof, shall receive nominations 
and place the nominations before the body. The selection shall be by ballot 
and no one shall be declared elected until he shall have received a majority 
of the votes cast. The balloting may continue until the three trustees have 
been elected. The secretary shall transmit the result of the election to the 
superintendent of education who shall thereupon notify such persons of 
their election and of the length of their terms. The superintendent of edu- 
cation shall have such elections announced in all the schools at least two 
weeks prior to the time of such elections. In the case of trustees for the 
high schools, there shall be five in number in the Lancaster School District, 
the Heath Springs School District, the Indian Land School District and the 
Kershaw School District. In Luford High School District and Flat Creek 
High School District the board of trustees of the high school district shall 
consist of the chairman of the board of trustees of every feeder school in 
such high school district. The members of the board of school trustees in 

292 



§21-3242 Education- §21-3251 

the high school districts other than Buford and Flat Creek shall be selected 
as provided for the selection of members of the board of trustees in the gram- 
mar school districts, except that 

(1) The hour of election of trustees of the high school districts shall be 
at eight o'clock P.M. on the same day following the election of trustees for 
grammar schools ; 

(2) In Heath Springs School District Xo. 38 the five trustees shall be 
elected by patrons and resident taxpayers of school districts Xos. 24, 31, 32, 3S 
and 39 ; 

(3) Only three of the five trustees of Kershaw High School District shall be 
elected on the Lancaster County side, the other two being appointed by the 
Kershaw County legislative delegation or by whatever method such delega- 
tion may select. 

The Buford and Flat Creek High School Trustees shall meet to elect 
their respective chairmen only, since the high school board from these two 
schools shall consist of the chairmen of the boards of trustees from their 
respective grammar school districts. 

1943 (43) 65; 1945 (44) 191; 1949 (46) 30; 1951 (47) 53. 

§ 21-3242. Vacancies. 

In the event of a vacancy in any school district in the county on the board 
of trustees, the county board of education shall fill that vacancy by appoint- 
ment. 

1943 (43) 65; 1945 (441 191. 

§ 21-3243. Duties and powers of trustees. 

The trustees of the several school districts of Lancaster County shall have 
and exercise the duties and powers ordinarily incident to school trustees and 
are charged with the duty of selecting competent teachers for such schools 
and making contracts within the limits of the appropriations therefor and 
in accordance with the schedule of salaries as fixed by law. 

1943 (43) 65; 1945 (44) 191. 

Article 5. 
Financial Matters. 

§ 21-3251. Auditor to furnish board with report of taxable property. 

The auditor of Lancaster County shall furnish to the chairman of the county 
board of education on or before the 15th day of May of each year a statement 
showing the assessed value of all the property returned for taxation in the 
several school districts of the county, together with the poll taxes asse = ?el. 
In the event he shall not have received from the tax commission the re- 
turns to be furnished by it by the 15th day of May, he shall use the returns 
furnished by it for the previous year in making up such statement. The total 
of the assessed values of the several districts shall constitute the value upon 
which the county board of education shall fix the levy or levies hereinafter 
provided for. 

1942 Code § 5614; 1932 (37) 1432. 

293 



§21-3252 Code of Laws of South Carolina §21-3263 

§ 21-3252. Blank. 

§ 21-3253. Annual tax to operate schools. 

In order to provide the necessary funds for the annual operation of all 
schools in Lancaster County in excess of all funds received from the State aid 
allotment for schools in the county, the county board of education shall meet 
annually with the boards of trustees of the various schools of the county for 
the purpose of determining the necessary funds for the operation of the 
schools for the coming year. The county board shall make a budget for the 
entire county, with each school as an integral part of the county school budget. 
The county board may determine the amounts of the budgets of the various 
districts of the county. After determining the total amount necessary for the 
operation of all the schools of the county for any fiscal year, the board shall 
inform the county legislative delegation of such amount and a majority of 
the delegation, including the Senator, shall authorize the auditor to levy such 
tax as will be sufficient. The auditor shall levy and the treasurer shall 
collect such tax as other taxes are levied and collected. 

1942 Code § 5614-10; 1936 (39) 1653. 

§ 21-3254. Blank. 

§21-3255. Levies for deficits. 

In the event there should be a deficit in the funds of any district by reason 
of shortage in State aid or any unexpected contingency, the county board of 
education shall place a special levy on all of the property in the district at the 
beginning of the next year with which to extinguish such deficit. 

1942 Code § 5614-3; 1932 (37) 1432. 

§§21-3256 to 21-3260. Blank. 

§ 21-3261. Collection and disbursement of school funds. 

All funds for school purposes shall be collected by the county treasurer as 
all other taxes are collected and shall be disbursed to the various schools of 
Lancaster County by order of the county board of education as school funds 
are now disbursed. 

1942 Code § 5614-11; 1936 (39) 1658, 1787; 1937 (40) 519. 

§ 21-3262. Expenditures not to exceed budget. 

In no case shall expenditures exceed the total of the school budget. 
1942 Code § 5614-11; 1936 (39) 1658, 1787; 1937 (40) 519. 

§21-3263. Salaries. 

The salaries of all classroom teachers shall be paid on the basis of the State 
schedule for salaries of teachers except that when contracts are made with 
teachers for salaries less than the State schedule such lesser salaries only shall 

294 



§ 21-3264 Education § 21-3282 

be paid. The salaries of all superintendents and principals of the high schools 
in Lancaster County shall be fixed by the county board of education. 
1942 Code § 5614-11; 1936 (39) 1658, 1787; 1937 (40) 519. 

§ 21-3264. Tuition and school attendance. 

No pupil within the borders of Lancaster County shall be charged any tuition, 
but all pupils shall be required to attend schools as approved by the county 
board of education. 

1942 Code § 5614-11; 1936 (39) 1658, 1787; 1937 (40) 519. 

§ 21-3265. Blank. 

§ 21-3266. Contingent fund. 

The board of education is hereby authorized to set aside annually the sum 
of one thousand dollars, above and beyond the total of the various district 
budgets. This sum shall be known as a contingent fund and from it the board 
may spend for such necessary items as may not be included in the budgets 
or otherwise provided for. 

1942 Code § 5614-15; 1936 (39) 1658. 

§21-3267. Claims. 

All claims against the school funds of the county shall be approved by the 
county board of education on such forms as may be prescribed by the county 
board of education. 

1943 (43) 65; 1945 (44) 191. 

Article 6. 

Buford, Flat Creek and Indian Land High School Districts. 
§21-3281. Creation. 

Tradesville, Buford, Tabernacle, Dixie, New Bethel and Union School Dis- 
tricts in Lancaster County as constituted on April 4 1925 are hereby declared 
to be a high school district, to be known as Buford High School District. 
Pleasant Plain, White Bluff, Charlesboro, Midway and Flat Creek School 
Districts in Lancaster County as constituted on April 4 1925 are hereby de- 
clared to be a high school district to be known as Flat Creek High School Dis- 
trict. Barbersville School District No. 1, Pleasant Valley School District No. 
2, Belair School District No. 3 and Osceola School District No. 4, in Lancaster 
County, as constituted on March 19 1927 are hereby declared to be a high 
school district, to be known as Indian Land High School District. 

1942 Code §§ 5615, 5615-1; 5615-2; 1932 Code §§ 5647, 5648, 5649; 1925 (34) 772, 775; 
1927 (35) 940, 943; 1936 (39) 1658. 

§ 21-3282. Effect of creation of such districts. 

Each of such high school districts shall be a body corporate, and the trus- 
tees may establish a consolidated high school for the several school districts 
composing said high school districts on a public highway, as near the center 
of the territory of such high school districts as practicable, and the cpn- 

295 



§ 21-3233 Code of Laws of South Carolina § 21-3293 

solidated high schools when so established shall be entitled to all the privileges 
and benefits of rural centralized high schools approved and accepted by the 
State Board of Education. 

1942 Code § 5615-2; 1932 Code § 5647; 1927 (35) 940, 943; 1936 (39) 1658. 

§ 21-3233. Powers of trustees. 

The respective high school boards of trustees may do all acts necessary or 

adapted to the establishment and maintenance of the high schools and to that 

end may purchase land and erect and equip high school buildings. 

1942 Code §§ 5615, 5615-1, 5615-2; 1932 Code §§ 5647, 5648, 5649; 1925 (34) 772, 775; 
1927 (35) 940, 943; 1936 (39) 1658. 

§21-3284. Tax levies uniform. 

All levies for maintenance and levies for bonds within any such high school 

district shall be at the same uniform rate on the assessed valuation of each 

of the cooperating districts. 

1942 Code §§ 5615, 5615-1, 5615-2; 1932 Code §§ 5647, 5648, 5649; 1925 (34) 772, 775; 
1927 (35) 940, 943; 1936 (39) 1658. 

Article 7. 
Consolidated School District No. 30. 

§ 21-3291. Establishment. 

Douglas School District No. 22, Jones Cross Road School District No. 30, 
Tank School District No. 35, Dry Creek School District No. 36 and Crenshaw 
School District No. 45 in Lancaster County, as constituted on April 7 1950, hav- 
ing been consolidated into a new school district shall be known as Consolidated 
School District No. 30 and shall be a body corporate. 

1950 (46) 2026. 

§21-3292. Trustees. 

The board of trustees of said school district shall consist of five members. 
Upon notification of their election by the superintendent of education said 
board of trustees shall meet and elect one of their members as chairman and 
one as secretary. 

1950 (46) 2026. 

§21-3293. Election of trustees. 

On the first Tuesday in March in each odd numbered year there shall be 
an election to fill the board of trustees of said consolidated school district. On 
said date the patrons and resident taxpayers of the consolidated school district 
shall meet in the school house and elect five trustees. The meeting shall be 
held at 8 o'clock P. M., Eastern Standard Time, and shall be organized by the 
selection of one of the patrons or resident taxpayers as chairman and one as 
secretary. The chairman shall call the meeting to order and state the pur- 
poses thereof, shall receive nominations and place the nominations before the 
body. The election shall be by ballot and no one shall be declared elected 
until he shall have received a majority of the votes cast and the balloting shall 

296 



§21-3302 Education § 21-330G 

continue until the five trustees have been elected. The secretary shall transmit 
the result of the election to the superintendent of education who shall there- 
upon notify such persons of their election and of the length of their terms. 
The superintendent of education shall have the election announced in the 
school at least two weeks prior to the time of the election. 
1950 (46) 2026. 



CHAPTER 45. 

Laurens County. 

Sec. Sec. 

21-3302. Meetings of county board. 21-3304. Compensation of board members. 

21-3303. Authority of board; county board 21-3305. Warrants. 

fund. 21-3306. Borrowing in anticipation of extra 

levies. 

§ 21-3302. Meetings of county board. 

The county board of education shall meet on the 1st Tuesday of each month, 
if necessary. The county superintendent of education or any two members 
of the board may call special meetings of the board whenever they may be 
necessary for the transaction of business. 

1942 Code § 5616; 1932 (37) 1386. 

§ 21-3303. Authority of board ; county board fund. 

In addition to the power vested by law in county boards of education, the 
county board of education of Laurens County shall have charge of all school 
funds of the county, not belonging or accruing to the school district, from 
whatever source derived, and shall disburse them for the benefit of the educa- 
tional interests of the county. All moneys accruing to the board, and to be 
disbursed by it, shall be designated as the county board fund. 

1942 Code § 5616; 1932 (37) 1386. 

§ 21-3304. Compensation of board members. 

The compensation of each of the appointed members of the board shall be 
payable monthly, and shall be paid from the county board funds. 

1942 Code §5616: 1932 (37) 13S6; 1951 (47) 506. 

§21-3305. Warrants. 

All warrants drawn against the county board funds shall be signed by the 
county superintendent of education and at least two of the appointive members 
of the board. 

1942 Code § 5616; 1932 (37) 1386. 

§ 21-3306. Borrowing in anticipation of extra levies. 

When the school district in Laurens County shall have voted an extra levy, 
not to exceed ten mills for a term of years not to exceed ten years, under the 

297 



§21-3351 



Code of Laws of South Carolina 



§21-3352 



provisions of §§ 21-913 to 21-918, for the purpose of building, repairing and 
equipping buildings, purchasing school busses or for any other school purposes 
in the district, the trustees of such district shall borrow from any source ob- 
tainable the money needed for such purposes and may give their note or notes 
therefor. The amount so borrowed shall not exceed the amount which the mills 
voted will raise in the term designated, taking as a basis the assessed value of 
taxable property in the district as of the year in which the election is held. 
The taxes collected by virtue of such levy shall stand pledged for the payment 
of the money so borrowed and interest thereon. But the borrowing of such 
money shall first be approved by the county board of education of said county. 
1947 (45) 120. 



Sec. 
21-3351. 
21-3352. 
21-3353. 
21-3354. 

21-3355. 

21-3356. 



CHAPTER 46. 
Lee County. 



Article 1. 
General Provisions. 

County board of education. 

Officers of board. 

Meetings of board. 

Appointment or election of school 
trustees. 

Notice and conduct of such elec- 
tions. 

Investment in defence bonds of 
district sinking funds. 



Article 2. 



Centralized Consolidated High School 
District. 

Sec. 
21-3361. Creation. 
21-3362. Trustees. 
21-3363. Powers of trustees. 
21-3364. Levies to be uniform. 



Article 1. 
General Provisions. 

§ 21-3351. County board of education. 

The county board of education for Lcc County shall be composed of the 
county superintendent of education, who shall be a member of said board 
ex officio during his term of office, and six electors from the county, who shall 
be appointed by the Governor upon the written recommendation of the Senator 
from the county and at least one-half of the members of the House of Repre- 
sentatives from the county. The term of each appointive member shall be 
four years and until his successor shall be appointed and qualified. 

1951 (47) 110. 



§21-3352. Officers of board. 

In Lee County the county superintendent of education shall be the secre- 
tary of the board. The chairman of the board shall be elected from the remain- 
ing members by a majority vote of the board. The chairman shall preside 
at all meetings of the board, with the proceedings of all meetings to be recorded 
by the secretary of the board. 

1951 (47) 112, 216. 

298 



§ 21-3353 Education- § 21-3356 

§ 21-3353. Meetings of board. 

The board shall meet at 3 P. M. on the second Monday in each month and as 
many additional times as is necessary. The chairman of the board shall call 
all meetings, except that a majority of the members of the board may, upon 
notice in writing to its chairman, call a meeting should they deem it necessary. 
1951 (47) 112. 

§ 21-3354. Appointment or election of school trustees. 

The countj" board of education of Lee County shall appoint the trustees 

of the various school districts of Lee County, but it shall call an election to 

be held on the first Tuesday in May of each year in each school district if a 

vacancy exists and if at least one-third of the electors of such school district 

sign a petition requesting such an election and file such petition with the 

county board of education on or before April first of such year. 

1942 Code §5619; 1932 Code §556S: 1925 (34) 279; 1927 (35) 950; 1928 (35) 1940; 
1951 (37) 285. 363; 1938 (40) 1651; 1951 (47) 112. 

§ 21-3355. Notice and conduct of such elections. 

Upon the filing of any such petition the county board of education shall 
give at least ten days notice of the election in some newspaper published 
in the county and by posting notice thereof on the office door of the county 
superintendent of education and in two public places in the district concerned". 
The notice shall give the places, date, hours and managers of the election. 
The election shall be held at one or more places in each district. The county 
board of education shall appoint the managers of the election and shall fur- 
nish sufficient ballots which shall contain the names of all candidates who 
shall have entered the election by filing notice of their intention so to do 
with the county board at least one week before the election. Xo person 
shall be eligible to be a candidate in the election unless he has filed such notice 
of his intention to become a candidate within the prescribed time. Only 
qualified electors of the districts involved shall be eligible to vote in the elec- 
tion. The county board of education shall receive the returns in writing, de- 
clare the results of the election and shall appoint the trustees elected for 
terms in their discretion based upon the votes received, but in no event for 
less than one year nor more than five years, and signed copies of the appoint- 
ment of each trustee shall be filed in the office of the superintendent of edu- 
cation for the county and there kept as a permanent public record. 

1942 Code §5619; 1932 Code §5568; 1925 (34) 279; 1927 (35) 950; 1928 (35) 1940; 
1931 (37) 2S5, 363; 1938 (40) 1651; 1951 (47) 112. 

§ 21-3355. Investment in defense bonds of district sinking funds. 

The county treasurer of Lee County may invest the sinking funds of the 
school districts of the county in United States defense bonds and defense 
securities upon the written request of the county superintendent of education 
and of a majority of the trustees of the school district whose funds are to be 
invested and upon the written approval of the county legislative delegation. 

1942 (42) 1508. 

299 



§21-3361 Code of Laws of South Carolina §21-3364 

Article 2. 

Central Consolidated High School District. 
§ 21-3361. Creation. 

Central School District, composed of Districts Nos. 6, 24, 26, 28 and 29, 
of Lee County, as constituted on March 23 1926, are hereby declared to be a 
consolidated high school district, that is to say a body corporate, and the 
trustees, as herein provided for, are hereby declared to be the consolidated high 
school board of trustees and as such are hereby authorized and empowered to 
establish a consolidated high school for the five school districts at some point 
in said district and the consolidated high school when so established shall be 
entitled to all the privileges and benefits of rural consolidated high schools 
approved and accepted by the State Board of Education. 

1942 Code § 5620; 1932 Code § 5650; 1926 (34) 1597; 1929 (36) 901. 

§ 21-3352. Trustees. 

The board of trustees of Central Consolidated High School District shall 
be composed of five members, one each to be appointed by the county board 
of education from Districts Nos. 6, 24, 26, 28 and 29. The trustees shall 
hold office for a term of two years and until their successors shall have been 
appointed. 

1942 Code § SC20; 1932 Code § 5650; 1926 (34) 1597; 1929 (36) 901. 

§ 21-3363. Powers of trustees. 

The consolidated high school board of trustees may do all acts necessary 
or adapted to the establishment and maintenance of a consolidated high school 
building. 

1942 Code § 5620; 1932 Code § 5650; 1926 (34) 1597; 1929 (.36) 901. 

§21-3364. Levies to be uniform. 

All levies for maintenance shall be at the same uniform rate on the as- 
sessed valuation on all property embraced in Central Consolidated High 
School District. 

1942 Code § 5620; 1932 Code § 5650; 1926 (34) 1597; 1929 (36) 901. 



CHAPTER 47. 
Lexington County. 

Article 1. Sec. 

County Board and Superintendent. 21-3402. Same; term of members. 

21-3403. blank. 
Sec. 21-3404. Superintendent of education to de- 

21-3401. County board of education; mem- vote entire time to work. 

bcrship. 21-3405. Payment of insurance premiums. 

300 



§21-3401 Education §21-3404 

Article 2. Sec. 

School Districts. 21-3420. Issuance and payment of school 

district vouchers. 

• 5ec ' 21-3421. Form of such vouchers or requisi- 
21-3411. School districts established. tions. 

21-3412. Trustees. 21-3422. Tax levies. 
21-3413. Same; special provision for Irmo 

District No. 8. Article 3. 

l\-\\\i- ™ he " * ru f e f s *° be eIected - Purchase of Books, Shoes, etc. 

21-3415. Conduct of election. 

21-3416. Qualifications of trustees. 21-3431. District boards to investigate and 

21-3417. Vacancies. purchase. 

21-3418. Employment of teachers and other 21-3432. Maximum cost of program. 

duties of trustees. 21-3433. Ownership of such books. 

21-3419. Annual budget and report of ex- 21-3434. Power discretionary; attendance 

penditures. and conduct of children aided. 

Article 1. 

County Board and Superintendent. 

§ 21-3401. County board of education ; membership. 

The county board of education for Lexington County shall consist of nine 
members. The Lexington County superintendent of education shall serve 
ex officio as one member. The remaining eight members shall be appointed 
by the Governor upon the recommendation of a majority of the county legis- 
lative delegation, including the Senator. All members appointed shall be 
qualified electors of the district in which they reside. There shall be one 
member appointed to represent the two school districts known as Fairview 
No. 7 and Pelion No. 6. This member may reside in either of said school 
districts. There shall be one member appointed from each of the remaining 
seven school districts named in §21-3411. The member appointed from 
each school district shall reside in the school district which he represents. 

1950 (46) 2028. 

§ 21-3402. Same ; term of members. 

The initial appointment of the eight members having been for a specified 
period of from one through four years and not more than two initial ap- 
pointments having been for the same term, each successor to any member 
of the county board shall be appointed and commissioned for a term of four 
years. 

1950 (46) 2028. 

§21-3403. Blank. 

§ 21-3404. Superintendent of education to devote entire time to work. 

The county superintendent of education of Lexington County shall give 
his whole time and attention to his office. He shall not engage in an)' other 
business or vocation while superintendent of education and in case he should 
so engage he shall forfeit to the county his salary for the time he is so engaged. 

1942 Code § 5623; 1932 Code § 5334; Civ. C. '22 § 2587; 1914 (28) 744; 1924 (,23) 1193. 

301 



§21-3405 Code of Laws of South Carolina §21-3414 

§ 21-3405. Payment of insurance premiums. 

The superintendent of education of Lexington County shall draw his warrant 
payable to the State Budget and Control Board for the payment of premiums 
due said Board for fire and tornado insurance. Warrants so drawn shall be 
charged against the funds of the various school districts for which the insurance 
is obtained. 

1945 (44) 31. 

Article 2. 
School Districts. 

§ 21-3411. School districts established. 

There shall be nine school districts in Lexington County viz., Lexington 
School District No. 1, Brookland-Cayce School District No. 2, Batesburg- 
Leesville School District No. 3, Swansea School District No. 4, Gilbert School 
District No. 5, Pelion School District No. 6, Farview School District No. 7, 
Irmo School District No. 8 and Chapin School District No. 9. The school 
districts and the lines and boundaries thereof shall be as given upon a 
map or maps thereof duly recorded in the office of the clerk of court for Lex- 
ington County. The county board of education may straighten the lines of 
said school districts, even though by so doing a portion of the area of a pres- 
ent bonded school district may be affected, when the new territory added 
thereto fully compensates for the territory taken therefrom. 

1949 (46) 300. 

§ 21-3412. Trustees. 

Each of such school districts of Lexington County shall be under the control 
and management of a board of trustees composed of seven members who 
shall be appointed and commissioned by the county board of education. The 
terms of office of the original members having been one for one year, two for 
two years, two for three years and two for four years, their successors have 
been and shall be appointed and commissioned for terms of four years. The 
terms of office shall commence on March first of the year in which the trus- 
tees are appointed and shall terminate on the last day of February in the year 
in which the terms expire. 

1949 (46) 300; 1950 (46) 1934. 

§ 21-3413. Same ; special provision for Irmo District No. 8. 

Notwithstanding the provisions of § 21-3412, in Irmo School District No. 8 
there shall be five trustees. The initial trustees having been appointed and 
commissioned, one for a term of one year, two for a term of two years and 
two for a term of three years, their successors have been and shall be ap- 
pointed and commissioned for terms of three years. 

1950 (46) 1934. 

§ 21-3414. When trustees to be elected. 

The patrons of any school district in Lexington County may elect the suc- 

302 



§ 21-3415 Education § 21-3418 

cessors of the trustees of such school district whose terms expire in any year 
if twenty per cent of the patrons and resident taxpayers combined of any such 
school district shall file a written petition directed to the county board of 
education on or before the first Tuesday in February of such year. 
1949 (46) 300; 1950 (46) 1934. 

§ 21-3415. Conduct of election. 

Upon the receipt of such petition the county board of education shall 
order such election for such purpose to be held on the last Tuesday in Feb- 
ruary of the year in which the petition is filed. Managers and polling pre- 
cincts for the election shall be named and designated by the county super- 
intendent of education. The polls shall open at eight A.M. and close at four 
P.M. To vote in the election a person must have been a resident in the school 
district for one year and a qualified elector or patron at the time of the elec- 
tion. A candidate for the office of trustee must file with the county super- 
intendent of education, on or before the second Tuesday in February of the 
year in which the election is to be held, a sworn statement that he is qualified 
to hold the office under the terms of this article. The county superintendent of 
education shall prepare ballots with all such names listed thereon for the 
election and such ballots shall be considered the official ballots for the election. 
In any election the person receiving the highest number of votes shall be 
duly elected and shall be commissioned by the county board of education as 
trustee. In the event that there should be any expense for holding such 
election, it shall be paid from the county board funds. 

1949 (46) 300; 1950 (46) 1934. 

§ 21-3416. Qualifications of trustees. 

To become a trustee a person must have been a resident of the school 
district for one year and must be a qualified elector or patron. A patron is 
one who has a child in school at the time of his appointment as trustee or, 
in the case of elections, at the time the petition is filed and at the time an 
election is held. 

1949 (46) 300; 1950 (46) 1934. 

§ 21-3417. Vacancies. 

In case of a vacancy in the board of trustees of any district due to resig- 
nation or otherwise the county board of education shall fill such vacancy 
by appointment for the unexpired term. 

1949 (46) 300; 1950 (46) 1934. 

§ 21-3418. Employment of teachers and other duties of trustees. 

It shall be unlawful for any board of trustees in Lexington County to em- 
ploy or contract for the services of any teacher or other employee for any 
scholastic year beginning after the expiration of office of a majority of the 
members of such board. Any such contract shall be null and void and not 
binding on their successors in office or on the school district which such 
trustees may represent. 

1942 Code § 5625; 1937 (40) 186; 1949 (46) 300; 1950 (46) 1934. 

303 



§ 21-3419 Code of Laws of South Carolina § 21-3422 

§ 21-3419. Annual budget and report of expenditures. 

The several boards of school trustees in Lexington County shall, 

(1) On or before the first day of September each year, prepare and file 
with the county board of education a budget of the proposed expenditures of 
their respective school districts for the current scholastic year, showing in 
detail such proposed expenditures ; and 

(2) On or before the first day of July each year, prepare and file with the 
county board of education an itemized report of all expenditures of their 
respective districts for the preceding scholastic year. 

Any trustee who shall fail to comply with the requirements of this section 
shall be subject to immediate removal from office by the county board of 
education. 

1942 Code § 5624-1; 1933 (38) 269. 

§ 21-3420. Issuance and payment of school district vouchers. 

The superintendent of education of Lexington County may issue, and the 
county treasurer shall pay, vouchers against the account of a school dis- 
trict upon the filing of a payroll and expense requisition showing salaries 
and accounts payable by such school district, certified by a majority of the 
members of the board of trustees of such school district to be a true and cor- 
rect statement of salaries and accounts payable by such school district, that 
no part of such salaries or accounts has been paid and that each claim therefor 
has been approved by a majority of the members of the board of trustees. 
Endorsement of any such voucher issued or check issued pursuant thereto 
by the payee thereof shall be a sufficient certification of the payee that the 
sum therein stated is a true and correct statement of the amount due such 
payee and that such account or claim had not theretofore been paid. 

1950 (46) 2127. 

§ 21-3421. Form of such vouchers or requisitions. 

The payroll and expense voucher or requisition required by § 21-3420 shall 
be in such form as the county superintendent of education shall prescribe and 
may contain as many separate claims as shall have been approved by a 
majority of the members of the board of trustees. But such payroll and 
expense requisition shall show the name of each payee, the purpose for 
which each voucher is to be made and the date and amount of each claim. 

1950 (46) 2127. 

§21-3422. Tax levies. 

The county auditor of Lexington County may levy a uniform tax on all 
assessed real and personal property within each school district in the county 
for the purpose of retiring any bonded indebtedness that may exist in such 
district. The board of trustees of each of the nine school districts in the 
county shall on or before the first day of the month of June of each year 
notify the county auditor in writing of the millage required for operating the 
schools of their respective districts and the county auditor shall levy such 
millage against all of the real and personal property in such school district, 

304 



§ 21-3431 Education § 21-3434 

such levy to be known as a special school tax to be used for operating schools 
in such district. 
1950 (-16) 1934. 

Article 3. 
Purchase of Books, Shoes, etc. 

§ 21-3431. District boards to investigate and purchase. 

Each district school board of trustees in Lexington County shall investigate 
the condition and needs of children of school age in the district and the ability 
of their parents to provide them with necessary books and other school equip- 
ment and shoes and necessary wearing apparel in cold weather and shall 
consult with the county physician, nurse and county superintendent of educa- 
tion in reaching conclusions as to the facts and requirements in regard there- 
to. They shall purchase out of the school funds, received from the State 
game warden, by warrants approved by the county superintendent of educa- 
tion in the usual manner, the equipment found necessary for each such child. 

1942 Code § 5624-2; 1932 Code § 5343-C; 1929 (36) 903. 

§21-3432. Maximum cost of program. 

The aggregate expenditure for such purchases shall not exceed the sum of 
eight hundred dollars per annum, plus the sum of six hundred dollars to be 
paid to the public health nurse of Lexington County for examination of school 
children, the same to be paid in equal monthly instalments. 

1942 Code § 5624-2; 1932 Code § 5343-C; 1929 (36) 903. 

§21-3433. Ownership of such books. 

Books so purchased shall belong to the school district and shall be held by 
the pupils as loans and accounted for and returned at the end of the school 
term or when called for by the school teacher. 

1942 Code § 5624-2; 1932 Code § 5343-C; 1929 (36) 903. 

§21-3434. Power discretionary; attendance and conduct of children aided. 

The trustees shall use their judgment and discretion in the exercise of this 
power and shall require a guarantee from the parents that the children so 
aided shall attend school regularly and perform their duties. The teachers 
shall make special reports of the attendance, conduct and scholarship of such 
pupils to the board of trustees and to the county superintendent of education 
every month. 

1942 Code § 5624-2; 1932 Code § 5343-C; 1929 (36) 903. 



[3 SC Code]— 20 305 



§ 21-3451 



Code of Laws of South Carolina 

CHAPTER 48. 

Marion County. 



§ 21-3453 



Article 1. 
County Board of Education. 



Sec. 
Sec. 

21-3451. 
21-3452. 

21-3453. 

21-3454. 



Composition; term; vacancies. 
County superintendent ex officio 

chairman. 
Meetings and compensation. 
Rules and regulations. 

Article 2. 
Blank. 



Article 3. 
Financial Matters. 
Sec. 

21-3471. Budgets. 

21-3-172. Special twelve mill tax. 

21-3473. Superintendent to advise treasurer 
of apportionment to districts. 

21-3474. Expenditure of such funds hy trus- 
tees; disbursements. 

21-3475. Use of surplus. 

21-3476. Reduction on increase in special 
levies. 

21-3477. County superintendent to publish 
semiannual statements. 

21-3478. Report of receipts and disburse- 
ments. 



Article 1. 
County Board of Education. 

§ 21-3451. Composition ; term ; vacancies. 

The board of education for Marion County shall consist of seven members. 
The terms of office of the members of said board shall be for a period of two 
years, respectively, or until their successors have been appointed and quali- 
fied, and their successors shall be named by the State Board of Education 
upon the recommendation of a majority of the county legislative delegation. 
Any vacancy occurring on the board shall be filled as herein provided. Not 
more than two members of the board shall be appointed in any high school 
district. Any elementary school district affiliating with a high school district 
shall be considered a part of the high school district with which it is affili- 
ating for the purposes of this section. 

1942 Code § 5630; 1932 Code § 5416; 1930 (36) 1307; 1947 (45) 552; 1949 (46) 288. 

§ 21-3452. County superintendent ex officio chairman. 

The superintendent of education of Marion County shall be ex officio chair- 
man of the county board of education, but he shall have no vote on any ques- 
tion before the board unless the members thereof are equally divided on such 
question. 

1942 Code § 5630; 1932 Code § 5416; 1930 (36) 1307. 



§ 21-3453. Meetings and compensation. 

The county board of education shall meet not less than once each month 
and each member thereof shall receive for his services a per diem while in 
attendance upon official meetings of the board and mileage at the rate of five 
cents per mile each way. Such compensation shall be paid by the county 

306 [3SCCode] 



§21-3454 Education §21-3474 

treasurer upon presentation of vouchers issued by the members of the board 
or a majority thereof. 

1942 Code § 5630; 1932 Code § 5416; 1930 (36) 1307. 

§21-3454. Rules and regulations. 

The county board of education shall prescribe such rules and regulations, 
not inconsistent with the general school law of this State, for financing, op- 
erating and controlling the various schools of Marion County as in the judg- 
ment of the board will best serve the interest of such schools. 

1942 Code § 5630; 1932 Code § 5416; 1930 (36) 1307. 

Article 2. 
Blank. 



Article 3. 

Financial Matters. 

§21-3471. Budgets. 

The board of trustees of each school district in Marion County shall submit 
to the county board of education, prior to August 1st of each school year, 
an itemized statement of the estimated receipts and proposed expenditures 
for the current scholastic year. The county board of education shall make a 
careful study of such budgets and give its written approval of them before 
the boards of trustees shall be allowed to make any expenditure of school 
funds during the school year. 

1942 Code § 5632; 1932 (37) 1321; 1933 (38) 553; 1935 (39) 404. 

§ 21-3472. Special twelve mill tax. 

The county officers of Marion County charged with the assessment and 
collection of taxes shall levy and collect annually a special tax not exceeding 
twelve mills on all property subject to taxation, both real and personal, within 
the limits of the county in the same manner as taxes for State, county and 
school purposes are now levied and collected, such tax to be disbursed in the 
manner and for the purpose hereinafter prescribed ; provided, however, that 
no such tax shall be levied in any year except upon the written request of 
a majority of the county legislative delegation. 

1942 Code § 5632; 1932 (37) 1321; 1933 (38) 553; 1935 (39) 404; 1946 (44) 1397. 

§ 21-3473. Superintendent to advise treasurer of apportionment to districts. 

The county superintendent of education shall furnish the county treasurer, 
not later than the fifteenth day of June in each year, a statement showing 
the proper proportion of such tax to be credited to each school district. 

1942 Code § 5632; 1932 (37) 1321; 1933 (38) 553; 1935 (39) 404. 

§ 21-3474. Expenditure of such funds by trustees ; disbursements. 

The funds arising from such tax, when apportioned and credited, shall be 

307 



§21-3475 Code ok Laws of South Carolina §21-3478 

used by the trustees of each school district operating a school as herein pro- 
vided to supplement the salaries of teachers, to provide for the transporta- 
tion of pupils and for such other general expenses incurred in the operation 
of the schools as may appear advisable to the trustees. The funds shall be 
disbursed on the warrant of the trustees in the same manner as other school 
funds are disbursed. 

1942 Code § 5632; 1932 (37) 1321; 1933 (38) 553; 1935 (39) 404. 

§ 21-3475. Use of surplus. 

Should there be a surplus of funds raised by the tax levy provided for in 
§ 21-3472 the county board of education may use such surplus to finance the 
educational activities of the county as in its judgment would best promote the 
efficiency of the schools. 

1942 Code § 5632; 1932 (37) 1321; 1933 (38) 553; 1935 (39) 404. 

§ 21-3476. Reduction or increase in special levies. 

The auditor of Marion County, on the authority of a resolution of the 
county board of education, shall reduce the special levies existing in any 
school district receiving the benefits of this article should the tax herein pro- 
vided, together with such special levies, provide a surplus of funds beyond 
what is reasonably necessary for the payment of teachers' salaries and for the 
effective operation of the schools therein. But no such reduction shall be so 
great as probably to cause a deficit in any school district. Should a deficit 
occur in any school district, the county auditor shall, upon a resolution by the 
county board of education, levy a tax on all the taxable property within such 
school district sufficient to retire such deficit the next ensuing school year. 

1942 Code § 5632; 1932 (37) 1321; 1933 (38) 553; 1935 (39) 404. 

§ 21-3477. County superintendent to publish semiannual statements. 

The superintendent of education of Marion County shall, semiannually on 
July 1st and January 1st of each year, cause a financial statement of each 
school district in said county to be published in one or more newspapers pub- 
lished in the county, showing the amount of money available in each school 
district and the deficit if any exists, together with a full statement of all ex- 
penses and expenditures by the county board of education during the periods 
covered by such statements. The expenses of publishing such statements shall 
be paid out of the school fund and the county treasurer shall withhold the pay- 
ment of any salary due the county superintendent upon his failure to publish 
any such required statement. 

1942 Code § 4617; 1932 Code § 4617; 1922 (32) 1509; 1929 (36) 100. 

§ 21-3478. Report of receipts and disbursements. 

The county board of education shall file with the governing body of the 
county, not later than July 1st of each year, an itemized statement showing all 
receipts and disbursements of the school funds administered by the board 
from each school district of the county, such report to show the financial 

30S 



§21-3501 



Education 



§21-3504 



status of the various school districts in the county. A copy of such report 
shall be filed in the office of the clerk of the court for Marion County. 
1942 Code § 5630; 1932 Code § 5416; 1930 (36) 1307. 



CHAPTER 49. 
Marlboro County. 



Sec. Sec. 

21-3501. Marlboro County, one school dis- 21-3513. 

trict. 
21-3502. County board of education govern- 21-3514. 

ing body of district. 21-3515. 

21-3503. Qualifications of members of the 21-3516. 

board. 
21-3504. Compensation of members. 21-3517. 

21-3505. Meetings of board; officers. 21-3518. 

21-3506. General powers of board. 21-3519. 

21-3507. Additional powers and duties of 

board. 21-3520. 

21-3508. Employment of county superin- 21-3521. 

tendent of education. 
21-3509. Duties of county superintendent. 21-3522. 
21-3510. Blank. 
21-3511. Purchase of services, equipment 21-3523. 

and supplies. 21-3524. 

21-3512. Division of county into administra- 
tive areas. 



Board of school trustees for each 
area. 

Appointment of trustees. 

Terms of office of trustees. 

Duties and powers of area trus- 
tees. 

Objective in administering funds. 

Preparation of annual budget. 

Submission of budget to legisla- 
tive delegation. 

Levy and collection of tax. 

Special area tax levies; expendi- 
ture of receipts. 

Receipt and distribution of funds 
to areas. 

Audits. 

Borrowing in anticipation of taxes, 
etc 



§ 21-3501. Marlboro County, one school district. 

There is hereby created in Marlboro County one single school district em- 
bracing and containing within it all territory contained in the county to be 
known as the School District of Marlboro County. 

1951 (47) 312. 

§ 21-3502. County board of education governing body of district. 

The governing body of the school district of Marlboro County shall be the 
Marlboro County board of education. 
1951 (47) 312. 

§ 21-3503. Qualifications of members of the board. 

Members of the board of education shall be qualified electors of the county 
and shall have otherwise no official connection with the public schools of 
the county. 

1951 (47) 312. 

§ 21-3504. Compensation of members. 

Members of the board of education shall receive a per diem for attendance 
at board meetings, not to exceed two hundred dollars in any one fiscal year, 
and travel expense incurred in attending board meetings and in carrying on 
official business of the board at the rate of seven cents per mile. 

1951 (47) 312. 

309 



§21-3505 Code of Laws of South Carolina §21-3507 

§ 21-3505. Meetings of board ; officers. ' 

The board of education shall hold regular monthly meetings which shall 
be open to the public and special meetings at such other times as may be 
necessary. 

The first meeting of the newly constituted board of education shall be held 
in the office of the superintendent of education on the second Tuesday follow- 
ing the appointment of a new member, at eleven o'clock in the morning. 
At this meeting the board shall elect a chairman, vice-chairman and secretary 
from its membership who shall hold office for one year and until their succes- 
sors are chosen by the board. The board may designate the county superin- 
tendent of education as assistant secretary. 

1951 (47) 312. 

§21-3506. General powers of board. 

The board of education shall have general management, control and super- 
vision of all phases of the public school program in the county, except as may 
be otherwise vested by this article in the boards of trustees of the administra- 
tive areas. The board of education shall have complete charge of the ex- 
penditure of all school money. 

1951 (47) 312. 

§ 21-3507. Additional powers and duties of board. 

In addition to its other powers and duties the county board of education 
shall have the following powers and duties : 

( 1 ) To adopt and alter a corporate seal ; 

(2) Upon the recommendation of the county superintendent of education, 
to employ such personnel as is necessary for the efficient operation of the 
schools; 

(3) To distribute all State and Federal funds received by the school district; 

(4) To adopt administrative policies and procedures; 

(5) To purchase land, plan and construct new buildings and keep existing 
buildings in good repair and usable condition ; 

(6) To exercise the right of eminent domain in accordance with the pro- 
cedure prescribed for public bodies or political subdivisions of the State ; 

(7) To determine and evaluate the educational program in the schools ; 

(8) To carry out a continuing school census and enforce the State compul- 
sory attendance law; 

(9) To keep an accurate record of board proceedings ; 

(10) To control the expenditure of all State and Federal aid to the public 
schools in the district ; 

(11) To arrange with adjoining counties or with North Carolina for inter- 
change of pupils or educational services ; 

(12) To adopt a system of budgetary controls and annually adopt, and revise 
when necessary, a budget sufficient to meet the educational needs of the school 
district; 

(13) To prescribe regulations to govern teachers' salaries in all the schools 

310 



§21-3508 Education §21-3510 

of the district and, by means of such regulations, to fix the salaries of all 
of the teachers in the schools of the district; 

(14) To conduct surveys and upon the results obtained reorganize admin- 
istrative areas, attendance areas, the curriculum, the supervisory program, 
auxiliary services or any part of the educational program of the schools of 
the district; 

(15) To designate the schools the various pupils shall attend under such 
regulations as it shall prescribe ; 

(16) To draw warrants upon school funds in the hands of the treasurer for 
payment for services contracted for by the board, insurance premiums, teach- 
ers' retirement and Workmen's Compensation premiums, and withholding 
taxes from salaries and for other purposes authorized by law; 

(17) To equalize educational opportunity among the children of the county ; 

(18) To control and supervise the expenditures of all moneys for capital 
outlay; 

(19) To establish in each of the administrative areas provided for in this 
chapter at least one high school suitable to the conditions in the area and as 
many other high schools or other schools as may appear necessary; and 

(20) To exercise all powers vested by law in the boards of trustees of the 
several school districts of the State. 

1951 (47) 312. 

§ 21-3508. Employment of county superintendent of education. 

The board of education shall employ a county superintendent of education 
who shall serve for an initial term of four years and thereafter at the pleasure 
of the board or for an additional term or terms of not more than four years 
each, as the board may decide. 

The county superintendent of education shall hold an administrator's cer- 
tificate as issued by the State Department of Education or an equivalent cer- 
tificate from another state, except that the initial appointment made under this 
article may be made to an applicant with twenty-four semester hours of 
graduate work under such conditions as the board may prescribe. 

The board of education shall fix the salary and traveling allowance of the 
county superintendent of education. 

1951 (47) 312. 

§ 21-3509. Duties of county superintendent. 

The county superintendent of education shall be the executive and admin- 
istrative officer of the board of education. He shall carry out the official 
policies of the board and recommend to the board from time to time such 
changes in policy and procedure as will in his opinion improve the school 
system in the county. He shall consult with the board when in doubt as to his 
official duty. 

1951 (47) 312. 

§21-3510. Blank. 

311 



§21-3511 Code of Laws of South Carolina §21-3516 

§ 21-3511. Purchase of services, equipment and supplies. 

The hoard of education shall establish and maintain a central purchasing 
system for the purchase of all contractual services, equipment and supplies. 
All equipment and supplies shall be purchased by the board of education or 
pursuant to rules promulgated by the board. 

1951 (47) 312. 

§ 21-3512. Division of county into administrative areas. 

The board of education shall divide the district into not more than five nor 
less than four administrative areas, taking into account school population, 
transportation problems and existing community life. From time to time the 
board may, in its discretion, alter the administrative areas as to number and 
as to the area contained therein. 

1951 (47) 312. 

§ 21-3513. Board of school trustees for each area. 

In each of the areas provided for in § 21-3514 there shall be a board of 
school trustees of five members, except in the area containing what was 
formerly Bennettsville School District, in which area the number of trustees 
shall be nine. 

1951 (47) 312. 

§ 21-3514. Appointment of trustees. 

The trustees of the administrative areas shall be appointed by the board of 
education, but in so doing in the case of the administrative area containing 
what was formerly Bennettsville School District the board shall take into 
consideration the recommendation of the Marlboro Educational Society. In 
said area not less than two of the trustees shall come from parts of the area not 
formerly a part of Bennettsville School District. 

1951 (47) 312. 

§21-3515. Terms of office of trustees. 

Except as herein provided, all trustees of the administrative areas shall 
have terms of three years. Of the initial appointees for all areas, except that 
which contains the former Bennettsville School District, two were appointed 
for a term of one year, two for a term of two years and the remaining one 
for a term of three years. In the administrative area containing what was 
formerly the Bennettsville School District, three of the initial nine trustees 
were appointed for a term of one year, three for a term of two years, and three 
for a term of three years. 

1951 (47) 312. 

§ 21-3516. Duties and powers of area trustees. 

The trustees of the administrative areas shall be empowered to : 

(1) Recommend to the board of education an individual to serve as super- 
intendent of schools for the administrative area ; 

(2) Make recommendations to the board for members of the faculty of the 

312 



§21-3517 Education §21-3519 

several schools in the particular administrative area, after consultation with 
the local area superintendent ; 

(3) Make recommendations to the board for the salaries of all persons 
serving in the schools of the particular administrative area, including the 
superintendent and faculty members; 

(4) Set up administrative policies for the particular area to the extent that 
the same may be authorized by regulations of the board ; 

(5) Prepare and submit annually, on or before February 1st of each year, 
to the board, a budget for the operation of the schools in the administrative 
area; 

(6) Make such reports to the board as may be required by the board ; 

(7) Administer and expend, subject to the regulations of the board, any 
funds which may be derived from special levies or other sources within the 
administrative areas; and 

(8) Carry out the policies and directions of the board. 
1951 (47) 312. 

§ 21-3517. Objective in administering funds. 

In administering school funds, the board shall have as its objective the 
equalization of educational opportunity to all children within the county. 

1951 (47) 312. 

§ 21-3518. Preparation of annual budget. 

On or before March 1st of each year, the board of education shall prepare 
a complete budget for the schools of the district for the succeeding school 
year. This budget shall show proposed expenditures for all purposes, in- 
cluding the construction and maintenance of buildings, the operation of the 
transportation system, debt amortization, operation of the office of the board, 
incidental school expenses, salaries for all faculty members and employees 
and such other items as may appear to be necessary. Proposed expenditures 
shall be broken down to show the expenditures to be made in the administra- 
tive areas. The budget shall be accompanied by a report of expenditures 
for the then current year and for the preceding year, set forth so as to be 
easily compared, together with any statistics and analyses that may con- 
tribute to a full and complete understanding of both current and proposed 
expenditures. 

1951 (47) 312. 

§ 21-3519. Submission of budget to legislative delegation. 

For the purpose of informing the General Assembly of the financial condi- 
tion of the district, the budget so prepared shall be submitted to the county 
legislative delegation at a joint meeting of the county board of education and 
the county legislative delegation which shall be called by the chairman of the 
board on or before April 1st. 

1951 (47) 312. 



313 



§ 21-3520 Code of Laws of South Carolina § 21-3524 

§ 21-3520. Levy and collection of tax. ' 

Not later than August 1st of each year, the board of education shall direct 
the county auditor to levy and the county treasurer to collect all the millage 
necessary to meet that portion of the budget to be raised through direct ad 
valorem taxation and such direction shall include any special levies which the 
board may approve under the provisions of § 21-3521. The county auditor 
shall levy and the county treasurer shall collect all such millage as may be 
directed in writing by the board of education, pursuant to appropriate reso- 
lution or resolutions of the board. 

1951 (47) 312. 

§ 21-3521. Special area tax levies; expenditure of receipts. 

Notwithstanding that it is the intent of this article to equalize conditions 
and taxes throughout the school district, it is recognized that a period of tran- 
sition is necessary before complete equality can be achieved, in view of the 
fact that the levies and expenditures of the former school districts were far 
from equal. Hence, for a period not exceeding five years from May 8 1951, 
the board of education of the School District of Marlboro County may impose 
special levies upon any administrative area in the district, if it shall receive 
the unanimous request of all members of the board of trustees of the admin- 
istrative area requesting such additional levy. In the event that the board, 
in its discretion, shall direct the imposition of such levy, its proceeds shall 
be kept separate and distinct from other levies imposed for educational pur- 
poses and shall be expended by the trustees of the particular administrative 
area under such regulations as the board shall prescribe. 

1951 (47) 312. 

§ 21-3522. Receipt and distribution of funds to areas. 

The board of education shall be the unit for financing and for receiving 
Federal, State and county school funds. The board shall be charged with the 
responsibility of apportioning and distributing the funds to the various ad- 
ministrative areas of the district on an equitable and fair basis. 

1951 (47) 312. 

§21-3523. Audits. 

The board of education may have made regular annual audits and, when 
necessary, special audits of all school funds in the district including the funds 
of administrative areas. One copy of each such audit shall be kept in the office 
of the board and another copy shall be filed in the office of the clerk of 
court for the county to be open to the public. 

1951 (47) 312. 

§ 21-3524. Borrowing in anticipation of taxes, etc. 

The board of education may borrow in anticipation of the collection of 
taxes, State aid or Federal aid. Such borrowing shall be in the form of notes, 
maturing not later than one year from the date of issue, bearing such rate 
or rates of interest as the board shall determine. Such notes shall be payable, 

314 



§ 21-3551 Education § 21-3553 

both principal and interest, from the funds in anticipation of the receipt of 
which they are issued and to the payment of the principal of and interest on 
such notes, such funds shall be pledged. 
1951 (47) 312. 



CHAPTER 50. 
McCormick County. 

Sec. Sec. 

21-3551. Allowance to superintendent for 21-3553. Issuance of school claims in ex- 
traveling expenses. cess of available funds. 
21-3552. Requirements for payment of 
school claims. 

§ 21-3551. Allowance to superintendent for traveling expenses. 

The county superintendent of education of McCormick County is allowed 
fifty dollars per annum, if so much be necessary, for traveling expenses while 
traveling out of McCormick County in discharge of his official duties per- 
taining to the public schools of McCormick County. 

1942 Code § 5626; 1932 Code § 4644; 1931 (37) 875. 

§ 21-3552. Requirements for payment of school claims. 

Xo claim against the school funds of McCormick County shall be approved 
for payment by any trustees or by the county superintendent of education 
unless the claimant shall be the person who actually rendered the service 
or furnished the material or supplies for which the claim is made. The claim 
shall show an itemized sworn statement of the service rendered or the ma- 
terials or supplies furnished, together with the dates and respective amounts. 
For any school in which more than three teachers are employed the superin- 
tendent or principal thereof may file one claim monthly for the salaries of 
all teachers in such school if there is attached thereto a list of the individual 
teachers, showing the amounts to be received by each and the period of 
time covered by the payments. The approval of any claim not conforming 
to the provisions of this section is unlawful. 

1942 Code § 5627-1; 1932 Code § 4643: 1931 (37) 874. 

§ 21-3553. Issuance of school claims in excess of available funds. 

It is unlawful for any trustee of the school district in McCormick County 
or the county superintendent of education or any other county official to issue 
to any person any school claim, voucher therefor or order directing the pay- 
ment of any school claim unless there are at the time of such issuance suffi- 
cient funds to the credit of the school district in the hands of the county 
treasurer to pay the same. Any person violating the provision of this sec- 
tion shall be guilt}' of a misdemeanor and, upon conviction, subject to a 
fine of not less than five hundred dollars nor more than one thousand dollars 
and imprisonment for not less than thirty or more than ninety days. 

1942 Code § 5627; 1934 (38) 1227. 

315 



§21-3599 Code of Laws of South Carolina §21-3611 

CHAPTER 51. 
Newberry County. 

Article 1. Sec. 

General Provisions. 21-3612. Conduct of election. 

S ec 21-3613. Selection of trustees if no petition 

21-3599. County board of education. 

21-3600. Term; employees ineligible. Article 3 

21-3601. Purchase of school supplies. 

School District No. 1. 

21-3622. Transfer of surplus from bond ac- 
School Trustees. count. 



Article 2 
100I Trus 
21-3611. When trustees elected 



Article 1. 
General Provisions. 

§ 21-3599. County board of education. 

In Newberry County the county board of education shall be composed of 
the county superintendent of education, ex officio, and seven other qualified 
persons, one each from the areas embracing the high schools at Pomaria, 
Little Mountain, Prosperity, Silverstreet, Bush River, Newberry and Whit- 
mire. 

19S1 (47) 219. 

§ 21-3600. Term; employees ineligible. 

The seven posts for membership for the county board shall be numbered 
from one through seven and the terms of office of the original membership 
were as follows : memberships one and two for four years, memberships three 
and four for three years, memberships five and six for two years and member- 
ship seven for one year. After the expiration of the terms of office of the 
initial appointments, all appointments shall be for a term of four years. No 
person employed in the public school system shall be eligible for membership 
on the board. 

1951 (47) 219. 

§ 21-3601. Purchase of school supplies. 

The county superintendent of education is hereby designated as purchasing 
agent for all office supplies and equipment for his office and for all school sup- 
plies of every nature for Nezvberry County. He shall require bids, after due 
advertisement, as provided in § 14-2971, unless he certifies that an emergency 
exists and the purchase does not involve more than fifty dollars. 

1946 (44) 1351. 

Article 2. 

School Trustees. 

§21-3611. When trustees elected. 

The trustees of any school district in Nezvberry County, other than a dis- 

316 



§ 21-3612 Education § 21-3622 

trict formed by consolidation under the provisions of § 21-114.1, shall be elected 
by the patrons and resident taxpayers of each school district when the patrons 
of such school district desiring to have the trustees elected shall file with the 
county board of education, prior to the expiration of the term of office of any 
trustee or trustees, a petition signed by at least a majority of the patrons and 
resident taxpa}-ers of the school district requesting the board to order an 
election for trustees. 

1942 Code § 5638; 1933 (38) 196. 

§ 21-3612. Conduct of election. 

Upon the filing of such a petition, the county board of education, within 
sixty days from the filing thereof, shall order an election for trustee or trus- 
tees of such school district. The election shall be held under the direction of 
the county board after two weeks notice shall have been given in a newspaper 
in said county of the time and place of holding the election. The county board 
of education shall canvass and declare the result of the votes at the election 
and it shall appoint the person or persons as trustees who receive a majority 
of the votes at the election herein authorized to be held. 

1942 Code § 5638; 1933 (38) 196. 

§ 21-3613. Selection of trustees if no petition filed. 

In case no such petition is filed with the county board of education by a 
majority of the patrons and resident taxpayers of any school district asking 
for the election of a trustee or trustees, then the provisions of the general law 
relating to the naming of such trustees shall apply and be in force. 

1942 Code § 5638; 1933 (38) 196. 

Article 3. 
School District No. 1. 

§ 21-3622. Transfer of surplus from bond account. 

When there is any surplus over and above the amount necessary to retire 
bonds and interest as the same become due in the bond account of School 
District No. 1 of Newberry County, the county treasurer shall, upon the re- 
quest of the board of trustees of School District No. 1, transfer such surplus 
to the operating account of said school district. 

1947 (45) 200. 



CHAPTER 52. 

Oconee County. 

Sec. Sec. 

21-3662. Round Mountain High School. 21-3671. Levy of taxes for general school 

21-3663 to 21-3670. Blank. purposes. 

317 



§ 21-3662 Code of Laws of South Carolina § 21-3678 

Sec. Sec. 

21-3672. Borrowing by the school district. 21-3682. Portion of receipts allocated to 

21-3673 to 21-3677. Blank. Clemson-Calhoun High School. 

21-3678. Annual tax levy for high school 21-3683. Blank, 

facilities. 21-3684. Blank. 

21-3679. Apportionment of receipts. 21-3685. School district may borrow sink- 

21-3680. Expenditure. ing funds. 
21-3681. Blank. 

§ 21-3662. Round Mountain High School. 

Round Mountain High School shall be operated in conjunction with Long 
Creek Academy, shall be housed in tbe building of said academy without cost 
to the county or State and shall reecive high school aid on the State schedule in 
like manner as other high schools in the county. It shall receive and teach any 
high school pupils within Oconee County desiring to attend said school, sub- 
ject to the right of the school authorities to suspend or expel for misconduct. 

1942 Code § 5642-1; 1933 (38) 204. 

§§ 21-3663 to 21-3670. Blank. 

§ 21-3671. Levy of taxes for general school purposes. 

When a majority of the resident freeholders of the school district shall sign 
and file with the county auditor a request for the levying of a tax in the 
school district for school purposes the county auditor of Oconee County shall 
levy a tax, not exceeding two mills, upon all taxable property in the school 
district for such period of time, not to exceed six years, as shall be stated in 
the petition. 

1942 Code § 5640-1; 1939 (41) 455. 

§ 21-3672. Borrowing by the school district. 

The trustees of the school district thereupon may borrow in anticipa- 
tion of the collection of the revenues arising from such tax such sum for 
school purposes of any kind as the tax laid will repay, both principal and 
interest, within the time for which the tax is levied and the trustees may, as 
security for the repayment of such loan, pledge revenues arising from the tax 
when so levied. The trustees may, in the name of the school district, ex- 
ecute and deliver its note as evidence of any such debt. 

1942 Code § 5640-1; 1939 (41) 455. 

§§ 21-3673 to 21-3677. Blank. 

§ 21-3678. Annual tax levy for high school facilities. 

The county auditor of Oconee County shall levy and the county treasurer 
shall collect annually a five mill tax upon all taxable property in said county 
for the purpose of providing for the construction, maintenance and improve- 
ment of high school buildings and facilities of said county. 

1948 (45) 1910. 

318 



§21-3679 Education §21-3685 

§ 21-3679. Apportionment of receipts. 

The revenues arising from the tax herein imposed shall be apportioned 
among and credited to the several high schools of Oconee County on a per cap- 
ita enrollment basis, using the enrollment for the previous scholastic year. 

1948 (45) 1910. 

§21-3680. Expenditure. 

The several high schools may expend funds derived from such taxes and 
credited to their respective accounts, upon claims approved by the county 
board of education of Oconee County. All expenditures so approved shall be 
expended for construction and improvement of school buildings and facilities 
or to the repayment of indebtedness incurred for such expenditures. 

1948 (45) 1910. 

§21-3681. Blank. 

§ 21-3682. Portion of receipts allocated to Clemson-Calhoun High School. 

The number of Oconee Count}' high school pupils enrolled in the Clemson- 
Calhoun High School of Pickens County shall be included in the high school 
enrollment and a proper allocation of funds derived under the provisions of 
this chapter shall be set aside and transferred to the treasurer of Pickens County 
for the credit of Clemson-Calhoun High School on a pro rata basis. 

1948 (45) 1910. 

§21-3683. Blank. 
§21-3684. Blank. 

§ 21-3685. School district may borrow sinking funds. 

When the school district of Oconee County shall have a sinking fund to 
its credit and a special tax on all property in such district for school purposes 
the trustees may borrow from such sinking fund to retire floating debt for 
equipment or building or for providing and equipping any new building. In 
order to secure the payment of such amount borrowed, the trustees may 
execute and deliver to the county treasurer the note of the district at not ex- 
ceeding six per cent interest. Such notes shall mature and be paid before the 
sinking fund shall be needed. To guarantee the payment of such note the 
trustees of the district may pledge such amount of the special levy in the dis- 
trict as will be sufficient to pay the note and interest at or before maturity. 

1942 Code § 5640-2; 1932 Code § 4691; 1927 (35) 48. 



319 



§21-3701 Code of Laws of South Carolina §21-3704 

CHAPTER 53. 

Orangeburg County. 

Sec Sec. 

21-3701. County board of education. 21-3709. Notice of candidacy for member- 
21-3702. Terms of members; vacancies. ship on boards. 

21-3703. Compensation of members. 21-3710. When trustees may be appointed. 

21-3704. Chairman and secretary of the 21-3711. When trustees to be elected. 

board. 21-3712. Conduct of such elections. 

21-3705. Rules and regulations of board. 21-3713. Officers of district boards. 

21-3706. Minutes and other records of 21-3714. District budgets; tax levies. 

board of education. 21-3715. Claims for teachers' salaries. 

21-3707. School districts corporations; pow- 21-3716. Claims for other school expenses. 

ers. 21-3717. Borrowing by school districts. 

21-3708. District boards of trustees; terms 21-3718. Publication of financial statements. 

of members. 

§ 21-3701. County board of education. 

There is established for Orangeburg County a county board of education 
composed of ten members, one of whom shall be the county superintendent of 
education, ex officio. The remaining nine shall be appointed by the Governor 
upon the recommendation of the Senator and at least one-half of the members 
of the House of Representatives from Orangeburg County. One of such ap- 
pointees shall be from each of the nine school districts provided for herein 
and all shall be qualified electors of the county, with no official connection 
with the public schools of the county. 

1951 (47) 357. 

§ 21-3702. Terms of members ; vacancies. 

The terms of office of the members of the county board of education shall 
be for three years and until their successors have been appointed and qualify, 
the terms of office of the initial members of the board, however, having been 
three for a term expiring on May 1 1952, three for a term expiring on May 1 
1953 and three for a term expiring on May 1 1954. Any vacancy on the 
board shall be filled for the unexpired term in the manner provided for the 
regular term. 

1951 (47) 357. 

§21.3703. Compensation of members. 

The members of the county board of education shall receive ten dollars each 
per day for attendance at board meetings, not to exceed three hundred dollars 
each in any one fiscal year, and travel expense incurred in attending county 
board meetings and in carrying on official business of the board at the rate 
of seven cents per mile. 

1951 (47) 357. 

§ 21-370^. Chairman and secretary of the board. 

Annually, after the appointment of new members of the board, the board 
shall meet at the office of the county superintendent of education at 10 o'clock 

320 



§ 21-3705 Education § 21-3709 

A. M. on the first Tuesday after such appointment and shall organize by the 
election of one of their number as chairman and one as secretary. 
1951 (47) 357. 

§ 21-3705. Rules and regulations of board. 

The board may adopt rules and regulations which shall govern its de- 
liberations and the administration of its duties under the law. 

1951 (47) 357. 

§ 21-3706. Minutes and other records of board of education. 

The county superintendent of education shall keep a complete and correct 
record of all proceedings at each meeting of the county board of education 
which shall be read at the next meeting of the board and approved in writing 
by at least one other member of the board. A copy of the financial statement 
for each district and of the expenditures of the county board, as made pursuant 
to § 21-3718, shall be entered upon the record of the proceedings of the county 
board on or before the first day of August in each year. At the same time the 
county superintendent of education shall also enter in such record a list of 
all school district trustees, showing the respective dates of expiration of their 
terms of office. 

1942 Code §5643-3; 1932 Code §5320-1; 1931 (37) 945. 

§ 21-3707. School districts corporations; powers. 

Each of the nine school districts into which Orangeburg County has been 
divided shall be a body politic and corporate and be vested with all the gen- 
eral powers, duties and authority of school districts as provided under the 
general law of the State, not inconsistent with the provisions of this chapter. 

1951 (47) 357. 

§ 21-3708. District boards of trustees ; terms of members. 

There is hereby created a board of trustees for each of the school districts. 
Each of these boards shall be composed of five members, who shall be quali- 
fied electors and residents of the school district for which they are selected. 
Their regular terms shall be for two years and until their successors have 
been elected and qualify and they shall assume the duties of their office upon 
their election or appointment, as the case may be. 

1951 (47) 357. 

§ 21-3709. Notice of candidacy for membership on boards. 

Any person desiring to offer for the position of trustee of any district shall 
file in writing with the county board of education his intention to do so, not 
less than fifteen days before the time fixed in § 21-3711 for the holding of the 
election for the positions. 

1951 (47) 357. 

[3 SC Code]— 2 1 321 



§21-3710 Code of Laws of South Carolina §21-3714 

§ 21-3710. When trustees may be appointed. 

The county board of education shall appoint the members of the boards of 
trustees unless a number in excess of the positions to be filed indicate their 
intention to become candidates for the positions on the board. 

1951 (47) 357. 

§ 21-3711. When trustees to be elected. 

If persons in excess of the number of positions to be filled give notice of 
their candidacy as required by § 21-3709, the trustees to fill the places of 
the members retiring in such year shall be elected by the qualified voters in 
the district in a special election held on the second Tuesday in each even 
numbered year. 

1951 (47) 357. 

§ 21-3712. Conduct of such elections. 

The county board of education shall hold the election in any such district 
as herein provided for and shall give notice of the time and purpose of the 
election by publication in at least two issues of a newspaper published and 
circulated in Orangeburg County not less than five nor more than fifteen days 
prior to the date fixed by law for the election. If the county board of educa- 
tion determines that the election shall be held only at certain polling places 
in the district, these polling places shall be designated in the notice required to 
be published. Otherwise the election shall be held at all of the precincts in 
the district. When no election is held in the precinct where an elector re- 
sides, he shall be allowed to vote at the polling place nearest his residence 
or at the one most convenient to him, but no elector shall participate in the 
election unless he be a resident of the school district. The board shall pre- 
pare the ballots, appoint managers of the election, receive the returns of the 
elections and declare the results thereof. The persons receiving the highest 
number of votes in any district shall be declared the trustees to fill the terms 
of office expiring in the year in which the election is held. 

1951 (47) 357. 

§ 21-3713. Officers of district boards. 

The district boards shall organize by electing one of their members as chair- 
man and one as secretary. 
1951 (47) 357. 

§ 21-3714. District budgets; tax levies. 

Annually, at such time as may be required by the county board of education, 
not later than August first, each school district board of trustees shall submit 
to the county board a proposed budget for the ensuing school year, which 
shall be subject to approval by the county board. Upon the board's approval 
of the budget, the board shall notify the county auditor of the amount to be 
raised by taxation to operate the schools in the district for the year and the 
county auditor shall thereupon levy and the county treasurer collect a tax upon 
the taxable property of the district sufficient to raise the needed amount. 

1951 (47) 357. 

322 13 SC Code) 



§21-3715 Education §21-3717 

§ 21-3715. Claims for teachers' salaries. 

No claim against the school funds of Orangeburg County shall be issued for 
payment by any trustees or be approved by the county superintendent of ed- 
ucation unless such claims are prepared as herein provided. Separate claims 
may be filed by each teacher for his salary or the superintendent or principal 
of any school, or other officer thereof, with the consent and approval of the 
trustees of such school, may file one claim monthly for the salaries of two or 
more or all teachers in such school if there is attached to such claim a state- 
ment showing the names of the individual teachers whose salaries are includ- 
ed in the combined claim, the amounts to be received by each, the period of 
time covered by each of such payments and the signature of each teacher in 
confirmation of the correctness of the statement with regard to his salary. 

1942 Code § 5643-5; 1932 (37) 1436. 

§ 21-3716. Claims for other school expenses. 

Claims for all other expenses of any school shall be filed separately by any 
person performing services or furnishing materials or supplies and every 
claim so filed shall show an itemized and sworn statement of the service ren- 
dered or the materials or supplies furnished and the prices charged therefor, 
together with the dates when such services were performed or supplies fur- 
nished. On regular forms of school claims, which shall be provided for this 
purpose, an) r officer of the school may include on any one claim several 
amounts of ten dollars and under disbursed by him for current expenses of 
the school if fa) such claim shall show the date of the disbursement, the 
purpose thereof, the amount and the name of the person to whom paid and 
(b) receipted bills according to such items shall be attached thereto. When 
this procedure is approved by the local board of trustees as evidenced by 
its written approval on such claim, such claim may be filed as other claims 
may be filed as provided herein ; otherwise claims shall be filed as provided 
hereinabove. 

1942 Code § 5643-5; 1932 (i7) 1436. 

§ 21-3717. Borrowing by school districts. 

The treasurer of Orangeburg County, upon written request from a majority 
of the school trustees of any school district in the county, endorsed by the 
superintendent of education of the county, may, in anticipation of taxes for 
any year, borrow for ordinary school purposes in such school district an 
amount not exceeding eighty-five per cent of the amount that would be 
raised by the tax levy for such year, at a rate of interest not to exceed seven 
per cent per annum and as security for the payment of such loan may pledge 
the taxes to be collected for such school district for such year. The proceeds 
arising from any loan made pursuant to the authority herein given shall be 
used solely for the payment of ordinary school expenses in keeping schools 
open in the respective school districts in the county until such schools can 
realize from the collection of taxes. 

1942 Code § 5643-4; 1932 Code § 5580; 1923 (33) 804. 

323 



§21-3718 Code of Laws of South Carolina §21-3802 

§ 21-3718. Publication of financial statements. 

At the end of each scholastic year, on or before the first da}' of August, 
the county superintendent of education shall advertise a condensed financial 
statement of each school district in the newspaper published in Orangeburg 
County having the largest circulation therein. Such condensed statement 
shall show the following facts in regard to the financial operation and condi- 
tion of each district for the past scholastic year: 

( 1 ) The amount of the income of the district ; 

(2) The total amount of the expenditures ; 

(3) The balance or deficit on the year's operations ; 

(4) The balance or deficit brought over from the preceding year ; and 

(5) The net balance or deficit carried forward to the succeeding year. 

The county board shall likewise publish an itemized statement of all ex- 
penditures made by it and paid out of the county board fund. The cost of 
the advertisement provided for herein at the legal rate shall be paid by the 
county board of education out of funds in its hands. 

1942 Code § S643-1; 1932 Code § 5320-1; 1931 {37) 945. 



CHAPTER 54. 
Pickens County. 



Sec. 
21-3802. Levy. 



§21-3802. Levy. 

There is hereby levied annually on all taxable property in Pickens County 
one half of one mill, to be collected as is provided for the collection of other 
taxes in said county. The proceeds from such levy shall be expended at the 
discretion of the county board of education for school purposes. 

1942 Code § 5647; 1939 (41) 287. 



CHAPTER 55. 

Richland County. 

Article 1. Article 2. 

General Provisions. County Board of Education. 

Sec. Sec. 

21-3851. Vacancy in office of county super- 21-3S71. Election and term of members. 

intendent. 21-3872. Teachers not to be members. 

21-3852. Salary of countv superintendent. 21-3873. Vacancies. 

21-3853. Supervisors and' clerk. 21-3S74. Per diem and mileage. 

21-3854. Employees not to be related to 21-3875. Method of performing duties. 

board members. Article 3. 
21-3855. Course of study and textbooks. 
21-3856. Approval of claims.. 



School Districts Generally. 



21-3857. Execution of warrants. 21-3881. Names, etc., of school districts. 

21-3858. Tax books to be kept by school 21-3882. Trustees of school districts; elec- 

districts. tion and term. 

324 



§ 21-3851 Education § 21-3354 

Sec. Article 5. 

21-3883. Trustees not to be teachers. School District No. 1. 

21-3S84. Sections not applicable to Districts s ec _ 

„ „„, * and 4 ' . _, . c , , _.. 21-3912. Change of boundaries of district. 

21-38So. Trustees or Olympia School Dis- 21 . 3913 Not whhin jul . is diction of county 

tnct No " 4 - board. 

Article 4 21-3914. Election of certain school commis- 
sioners. 

Teachers' Appointment and Tenure. 21-3915. Member of city council to be school 

21-2891. Definition of "teacher." commissioner. 

21-3892. Report prerequisite to teacher's ap- 21-3916. Additional membership of board; 

pointment. officers and employees. 

21-3893. When contracts continuing. 21-3917. Board members not to be employ- 

21-3894. Grounds for cancellation. ees or make contracts with board. 

21-3895. Procedure for cancellation of con- 21-3918. Powers of board. 

tinuing contract. 21-3919. Blank. 

21-3S96. When cancellations effective. 21-3920. Additional tax levy. District Xo. 1. 

21-3897. Suspension pending cancellation. 21-3921. Money protected by treasurer's 

21-389S. Leaves of absence to permanent bond. 

teachers. 21-3922. Treasurer's report. 

21-3923. Disbursement of funds. 

Article 1. 
General Provisions. 

§ 21-3851. Vacancy in office of county superintendent. 

The county board of education of Richland County may fill a vacancy in the 
office of county superintendent of education until the next succeeding general 
election. 

1942 Code § 5649-1; 1932 Code § 5417 (3); Civ. C. '22 § 2657; 1921 (32) 353. 

§ 21-3852. Salary of county superintendent. 

The salary of the county superintendent of education of Richland County 
shall not be less than twenty-four hundred dollars a year, payable in monthly 
installments from the school funds. 

1942 Code § 5649-1; 1932 Code § 5417 (3); Civ. C. '22 § 2657; 1921 (32) 333. 

§21-3853. Supervisors and clerk. 

The county board of education of Richland County may, in its discretion, 
employ supervisors for the schools in the county and such other agents as, 
in its judgment, it may deem necessary for the proper administration of the 
schools of the county. It shall employ a stenographer to act as clerk to the 
count} - superintendent of education and the board and to keep the office open 
in the absence of the county superintendent of education. Such office shall 
be known and designated as the office of the county superintendent of educa- 
tion. 

1942 Code § 5649-2; 1932 Code § 5417 (4); Civ. C. '22 § 265S; 1921 (32) 353. 

§ 21-3854. Employees not to be related to board members. 

Xo employee of the county board of education shall be related within the 
sixth degree by blood or marriage to any member of the board. 

1942 Code § 5649-2; 1932 Code § 5417 (4); Civ. C. '22 § 2658; 1921 (32) 353. 

325 



§ 21-3855 Code of Laws of South Carolina § 21-3872 

§ 21-3855. Course of study and textbooks. 

The county board may define and prescribe a course of study for the 
schools of the county, using the text books prescribed by the State Board of 
Education and adding such other studies and textbooks as, in its judgment, 
may be necessary. 

1942 Code § 5649-2; 1932 Code § 5417 (4); Civ. C. '22 § 2658; 1921 (32) 353. 

§ 21-3856. Approval of claims. 

The county superintendent of education of Richland County may approve 
all claims for, teachers' salaries, but no other claims exceeding one hundred 
dollars. All claims in excess of one hundred dollars, except claims for teach- 
ers' salaries, shall first be authorized for approval by the county board of edu- 
cation. 

1942 Code § 5649-1; 1932 Code § 5417 (3); Civ. C. '22 § 2657; 1921 (32) 353. 

§21-3857. Execution of warrants. 

At least one member of the county board of education shall sign all county 
board warrants in addition to the county superintendent of education or his 
authorized representative. 

1946 (44) 1319. 

§ 21-3858. Tax books to be kept by school districts. 

The county auditor of Richland County shall make up the books of assess- 
ment by school districts and the county treasurer shall collect the taxes and 
keep the accounts by school districts, so as to show the poll tax and the pro- 
ceeds of any extra levy and of any levy for a bond issue in each school district. 

1942 Code § 5649-4; 1932 Code § 5417 (9); Civ. C. '22 § 2663; 1921 (32) 353. 

Article 2. 

County Board of Education. 

§ 21-3871. Election and term of members. 

The county board of education of Richland County shall consist of its pres- 
ent members and each member shall serve until his successor is elected and 
qualified. At each general election hereafter the qualified electors of each 
township for which the term of a member on the board expires shall elect 
from among the electors of such township a member of the board to serve 
for a term of six years and until his successor is elected and qualified. 

1942 Code § 5649; 1932 Code § 5417 (1, 2, 8); Civ. C. '22 §§ 2655, 2656, 2662; 1921 (32) 
353. 

§ 21-3872. Teachers not to be members. 

No member of the board shall be employed in the county school system as 
a teacher or otherwise. 

1942 Code § 5649; 1932 Code § 5417 (1, 2, 8); Civ. C. '22 §§ 2655, 2656, 2662; 1921 (32) 

353. 

326 



§ 21-3873 Education § 21-3881 

§ 21-3873. Vacancies. 

Any vacancy on the board at any time shall be filled by a majority vote 
of the remaining members of the board until the next general election, at 
which general election a successor shall be elected for the remainder of the 
unexpired term or for a full term as the case may be. 

1942 Code § 5649; 1932 Code § S417 (1, 2, 8); Civ. C. *22 §§ 26SS, 2656, 2662; 1921 (32) 
353. 

§21-3874. Per diem and mileage. 

Each member of the county board of education shall receive a per diem and 
shall be paid mileage to and from his place of residence and the courthouse at 
the rate of five cents per mile for actual attendance upon any meeting of 
the board and may be allowed the actual expenses of other necessary travel 
in the interests of the schools of the county, as may be directed by the county 
board, such per diem, mileage and expenses to be paid out of the ordinary funds 
of the county. And the board may fix the salaries of all its employees and pro- 
vide any necessary traveling expenses or conveyance for them and pay the same 
out of the school funds of the county. 

1942 Code § 5649; 1932 Code § 5417 (1, 2, 8); Civ. C. '22 §§ 2655, 2656, 2662; 1921 (32) 
353; 1943 (43) 256. 

§ 21-3875. Method of performing duties. 

The county board of education may perform the several duties of admin- 
istration and supervision of the schools of the county as it may deem best 
through the agency of its chairman, except as otherwise provided. 

1942 Code § 5649; 1932 Code § 5417 (1, 2, 8); Civ. C. '22 §§ 2655, 2656, 2662; 1921 (32) 
353. 

Article 3. 

School Districts Generally. 

§ 21-3881. Names, etc., of school districts. 

The former school districts of Richland County having been consolidated 
into six school districts, such six school districts shall be named, numbered 
and described as follows : 

(1) (Columbia) School District No. 1, to be composed of the school dis- 
tricts known on February 20 1950 as (Columbia) No. 1, Hyatt Park No. 2-A, 
Hyatt Park No. 2-B, Edgewood No. 3, Rosewood No. 4-B, Fairlawn No. 21-A, 
Camp Ground No. 25, Wayside No. 26 and St. Andrews No. 27; 

(2) Dentsville School District No 2, to be composed of the school districts 
known on said date as Fort Jackson No. 15, Messers No. 16, Park No. 17 and 
Pontiac No. 19; 

(3) Blythezvood School District No. 3, to be composed of the school districts 
known on said date as Level No. 21-B, Bellview No. 22, Blythewood No. 23 
and Holly Grove No. 24; 

(4) Olympia School District No. 4, to be composed of the school district 
known on said date as Olympia No. 4-A ; 

327 



§ 21-3882 Code of Laws of South Carolina § 21-3885 

(5) Lower Richland School District No. 5, to be composed of the school dis- 
tricts known on said date as Lykesland No. 5, Hopkins No. 6, Horrell Hill 
No. 7, Bellwood No. 8-A; Gadsden No. 8-B, Eastover No. 10, Garners Ferry 
No. 11 and Union Chapel No. 13 ; and 

(6) Dutch Pork School District No. 6 to be composed of the school district 
known on said date as Dutch Fork No. 29. 

1950 (46) 1868. 

§ 21-3882. Trustees of school districts ; election and term. 

The board of trustees of each school district shall consist of seven mem- 
bers and their qualifications, powers and duties shall be such as are generally 
devolved upon school trustees by the laws of this State and specifically by 
the laws affecting Richland County. There having been elected in the general 
election held in November, 1950, seven trustees for each district, four to 
serve for a term of two years beginning January 1 1951 and three to serve 
for a term of four years beginning likewise on said date, successors to the 
seven original trustees shall be elected in the general elections preceding 
the expiration of the terms of the trustees then in office and commissioned 
for a full term of four years, a term always beginning on the first day of 
January and expiring on the last day of December. Any vacancy for any 
cause occurring among the trustees, other than by expiration of a commission, 
may be filled at any time by the county board of education until the next 
general election in which general election a successor shall be elected for 
the remainder of the unexpired term or for a full term as the case may be. 
If any political party provides a party primary nomination of a candidate 
for membership on the board of trustees of any of the school districts, no 
person otherwise qualified for such nomination shall be required to pay any 
assessment or other fee as a condition to such candidacy. 

1950 (46) 1868. 

t 

§ 21-3883. Trustees not to be teachers. 

No member elected to a school board of trustees shall be employed in the 
county schools as a teacher or otherwise and acceptance of such employment 
shall automatically operate as a resignation as trustee. 

1950 (46) 1868. 

§ 21-3884. Sections not applicable to Districts 1 and 4. 

Nothing in §§ 21-3882 and 21-3883 contained shall be construed as apply- 
ing in any way to (Columbia) School District No. 1 or to Olympia School 
District No. 4, these two districts being specifically exempted therefrom. 

1950 (46) 1868. 

§ 21-3885. Trustees of Olympia School District No. 4. 

The county board of education of Richland County shall, before July 1st 
in each year, call a mass meeting of the electors in Olympia School District. 
Such meeting shall be duly advertised and shall be held for the purpose of 
considering the needs of the district. The electors attending such meeting 

32S 



§ 21-3891 Education § 21-3893 

shall nominate and recommend to the county board of education an elector of 

their district to be appointed by the county board as a member of the district 

board of trustees whenever the term of office of any member of such board 

has expired. Such trustee so nominated shall be appointed for a term of three 

vears and until his successor shall be appointed and qualify. The county board 

shall always appoint the nominee of the mass meeting unless in its judgment 

some other person is better qualified for the position. The county board of 

education of Richland County may, at any time, fill a vacancy on the board 

of trustees of Olympia School District Xo. 4 or remove a district trustee for 

cause. 

1942 Code §5649-3; 1932 Code §5417: Civ. C. '22 §§2659 to 2661; 1921 (32) 353; 1945 
(44) 104; 194S (45) 1963; 1950 (46) 1868. 

Article 4. 
Teachers' Appointment and Tenure. 

§ 21-3891. Definition of "teacher." 

The term "teacher" as used in this article shall mean and include teachers, 
supervisors, principals and superintendents in the public schools of Richland 
County. 

1942 Code § 5649-6; 1941 (42) 125. 

§ 21-3892. Report prerequisite to teacher's appointment. 

Xo teacher shall be appointed by any school district in Richland County 
until the school superintendent shall have made a report upon such teacher's 
preparation, experience and certificate and every superintendent, within ten 
days after request, shall make such report upon any person whom the school 
district is considering as an applicant. But nothing contained in this section 
shall be deemed to prevent the granting to any superintendent of additional 
authority in the selection and employment of teachers either by law or by 
the rules or regulations of any school district. 

1942 Code § 5649-6; 1941 (42) 125. 

§ 21-3893. When contracts continuing. 

Any person who has served or shall serve as a teacher in the same school 
district in the public schools of Richland County for two or more successive 
years and who thereafter is employed by such school district shall be given a 
contract for further service in such school district and such contract shall 
be deemed to continue in effect for an indefinite period and shall be known as 
a continuing contract. Any such continuing contract shall remain in force 
until such teacher shall have reached the age of sixty-six years unless suc- 
ceeded by a new contract signed by both parties or unless it shall be can- 
celled as hereinafter provided. Teachers' contracts shall be uniform and 
of the form and wording prescribed by the county board of education. This 
article shall be deemed to be a part of any such continuing contract. 

1942 Code § 5649-6; 1941 (42) 125. 

329 



§21-3894 Code of Laws of South Carolina §21-3896 

§ 21-3894. Grounds for cancellation. 

Cancellation of a continuing contract of a permanent teacher may be made 
for incompetency (lack of ability or fitness to discharge the required duty in 
the particular school), insubordination (a wilful refusal to obey the school law 
of this State or reasonable rules concerning the school work of the teacher 
prescribed for the government of the public schools of such district), neglect 
of duty, immorality, dishonesty, justifiable decrease in the number of teach- 
ing positions or failure to work harmoniously with the school authorities and 
his professional associates in the school, but may not be made for political 
or personal reasons. 

1942 Code §5649-6; 1941 (42) 125; 1951 (47) 341. 

§ 21-3895. Procedure for cancellation of continuing contract. 

Any continuing contract with a permanent teacher as defined in § 21-3893 
may be cancelled only in the following manner: not less than thirty days nor 
more than forty days before the consideration by any such school district of 
the cancellation of any such contract such teacher shall be notified in writing 
of the exact date, time when and place where such consideration is to take 
place and such teacher shall be furnished a written statement of the reasons 
for such consideration within five days after any written request for such 
statement. And such teacher shall, upon making a written request for a hear- 
ing filed within fifteen days after the receipt by the teacher of such notice of 
the date, time and place of such consideration, be given such a hearing before 
the school board of such school district. Such hearing shall be held not less 
than five days after such request is filed and such teacher shall be given not 
less than five days' notice of the time and place of such hearing. Such teacher 
shall, at this hearing, have a right to a full statement of the reasons for the 
proposed cancellation of such contract. No such contract shall be cancelled 
until the date set for consideration of the cancellation of such contract nor 
until after a hearing is held, if such hearing is requested by the teacher; nor 
until, in the case of teachers, supervisors and principals, the superintendent 
shall have given the school district his recommendation thereon. And the 
superintendent shall present such recommendations upon five days' written 
notice to him by such school district. The school board of any such school 
district, by a majority vote, evidenced by a signed statement in the minutes 
of the board, may cancel any continuing contract with a teacher after com- 
pliance with the provisions of this article. 

1942 Code § 5649-6; 1941 (42) 125. 

§ 21-3896. When cancellations effective. 

When the cause of cancellation of a continuing contract is immorality or 
insubordination, as defined in this article, such cancellation shall go into 
effect at once. When the cause of cancellation of a continuing contract is 
not immorality or insubordination, as defined in this article, such cancellation 
shall go into effect at the end of the school term following such cancellation. 

1942 Code § 5649-6; 1941 (42) 125. 

330 



§21-3897 Education §21-3913 

§ 21-3897. Suspension pending cancellation. 

Nothing contained in this article shall prevent the suspension from duty of 
any teacher pending a decision on the cancellation of such teachers' contract. 

1942 Code § 5649-6; 1941 (42) 125. 

§ 21-3898. Leaves of absence to permanent teachers. 

Any school district, upon written request, may grant leaves of absence, 
for periods not exceeding one year, to any permanent teacher for study or 
professional improvement or because of physical disability or sickness, subject 
to such rules and regulations governing leave of absence as may be adopted 
by such school district. And without such written request any school dis- 
trict may place a permanent teacher on leave of absence for periods of not 
exceeding one year because of physical or other disability or sickness; but 
such teacher shall have a right to a hearing on such unrequested leave of ab- 
sence in accordance with the provisions for hearings contained in § 21-3S95. 

1942 Code § 5649-6; 1941 (42) 125. 

Article 5. 
School District No. 1. 

§ 21-3912. Change of boundaries of district. 

The boundaries of School District No. 1 of Richland County may be changed 
and territory adjacent to said school district may become a part of said 
school district upon the approval of the board of school commissioners 
of said school district and the county board of education and by a majority vote 
of the electors of the territory desiring to be annexed to said school district 
voting at an election to be called and held by the trustees of the school dis- 
trict embracing the territory desiring to be annexed to said School District 
No. 1. The district so formed shall be under the sole jurisdiction of the 
board of school commissioners of School District No. 1 of Richland County 
and subject to all the rules, regulations, and requirements of said board. Said 
School District No. 1 may, in like manner, be reduced in area, except that 
the boundaries of said district shall not cross or cut into the boundary of the 
municipality of the city of Columbia. Any election for the increase or decrease 
of the boundaries of said school district shall be conducted in the same manner 
and under the same rules as provided in §§ 21-974 and 21-975. 

1942 Code § 5650; 1932 Code § 5584; 1930 (36) 2015. 

§ 21-3913. Not within jurisdiction of county board. 

Except as provided in § 21-114.1, the county board of education of Richland 
County shall have jurisdiction only over the school and educational interests 
in Richland County outside the territory embraced within the school district 
hereby created. 

1942 Code § 5650; 1932 Code § 5584; 1930 (36) 2015. 

331 



§21-3914 Code of Laws of South Carolina §21-3918 

§ 21-3914. Election of certain school commissioners. 

At every general election two school commissioners shall be elected by the 
legal voters of said district hereby created whose terms of office shall be for 
a period of four years and until their successors are elected and qualified. 

1942 Code § 5650; 1932 Code § 5584; 1930 (36) 2015. 

§ 21-3915. Member of city council to be school commissioner. 

The mayor of the city of Columbia, with the approval of the city council of 
the city of Columbia, shall in each even-numbered year name a member of 
said city council as school commissioner of School District Xo. 1 of Richland 
County, whose term of office shall begin July 1st in each year and shall be for 
a period of two years and until his successor has been named and qualified. 

1942 Code § 5650; 1932 Code § 5584; 1930 (36) 2015. 

§ 21-3916. Additional membership of board ; officers and employees. 

The school commissioners elected as provided for in § 21-3914 and the school 
commissioner named as provided for in § 21-3915, together with two school 
commissioners to be appointed January 1st in each odd-numbered year by the 
Governor, upon recommendation of the board of trustees of Columbia Acad- 
emy, for terms of four years from said date, being seven in all, shall constitute 
a school board and they may assemble at any time and elect a chairman, a 
secretary, a superintendent of schools and such other school employees as 
they may deem proper whose terms of office, duties and compensation shall 
be prescribed by the board. 

1942 Code § 5650; 1932 Code § 5584; 1930 (36) 2015. 

§ 21-3917. Board members not to be employees or make contracts with board. 

No member of the board of school commissioners shall be eligible to any 
salaried office within the provisions of this article nor shall any member of the 
board contract with the board and any such attempted contract shall be void. 

1942 Code § 5650; 1932 Code § 5584; 1930 (36) 2015. 

§ 21-2918. Powers of board. 

The board shall have the following duties and powers: to discharge the 
same duties in said school district as are required of boards of school trustees 
in the various school districts under the general law of Richland County and 
this State; to determine the studies and textbooks to be used in the schools 
of said district; to elect a superintendent, supervisors, teachers and such other 
employees of said board and for such terms as it may desire and to dismiss 
or discharge any of such employees at the will of the board ; to prescribe the 
duties of all employees and to make such rules for the government of the 
schools and their employees as they may determine; to fill any vacancy that 
may occur in the school board for the unexpired term; to make annual reports 
to the county superintendent of education as to schools in said district, fur- 
nishing him with such information as is required of school trustees under 
the general school law of the county and State; to buy, sell, mortgage and own 
real estate and to erect buildings on real estate owned in fee simple by said 

332 



§ 21-3919 Education § 21-3923 

school board for school purposes within the district; to purchase school equip- 
ment and to keep in order all properties held by the board for school purposes; 
to determine the manner in which the tax herein provided for shall be expended 
in maintaining the schools in the district; and to borrow in anticipation of 
the collection of taxes levied in any fiscal year for the support of the public 
schools in said School District No. 1 so much money as may be necessary to 
meet promptly the current expenses of said schools for the fiscal year in 
which the loans are made, such loans to be payable out of the taxes levied 
during such fiscal year so soon as an amount sufficient therefor shall be col- 
lected. 

1942 Code § 5650; 1932 Code § 5584; 1930 (36) 2015. 

§21-3919. Blank. 

§ 21-3920. Additional tax levy, District No. 1. 

An annual levy of four mills shall be levied in addition to that levied prior 
to February 20 1950 on all the taxable property in Columbia School District 
No. 1 for current operational expenses for schools. The auditor of Richland 
County shall levy such additional four mills on all taxable property in Colum- 
bia School District No. 1 and the county treasurer shall collect it. 

1950 (46) 1868. 

§ 21-3921. Money protected by treasurer's bond. 

All the moneys received or held by the county treasurer of Richland County 
for the account of School District No. 1 shall be protected by the official 
bond of the county treasurer as public money. 

1942 Code § 5650; 1932 Code § 5584; 1930 (36) 2015. 

§ 21-3922. Treasurer's report. 

The county treasurer shall report monthly on the 15th day of each month 
to the board of school commissioners of School District No. 1 the amount of 
all collections, specifying the source from which such collections are received 
and the various disbursements made by him upon the warrants of the board 
during the preceding month. It shall be a misdemeanor on the part of the 
county treasurer to neglect, fail or refuse to make such a report and on con- 
viction thereof he shall pay a fine of five hundred dollars to be used for school 
purposes in said school district. 

1942 Code § 5650; 1932 Code § 5584; 1930 (36) 2015. 

§ 21-3923. Disbursement of funds. 

The funds held and received by the county treasurer for account of the 
School District No. 1 from all sources shall be paid out only on the warrant 
of the board of school commissioners signed by the chairman of the board 
and attested by the treasurer. The amount so drawn by warrant together 
with all other funds received from other sources by the board shall be deposited 
in a bank in the city of Columbia to be selected by the board and disbursed 
by the board by checks signed by its chairman and attested by its treasurer. 

333 



§21-3951 Code of Laws of South Carolina §21-3955 

The treasurer of the hoard shall keep an account of all funds received and dis- 
bursed as aforesaid under such rules and regulations as the board shall pre- 
scribe. 

1942 Code § 5650; 1932 Code § 5584; 1930 (36) 2015. 



CHAPTER 56. 
Saluda County. 

Sec. Sec. 

21-3951. Duties of county superintendent of 21-3959. Blank. 

education. 21-3960. Blank. 

21-3952. Blank. 21-3961. When trustees elected. 

21-3953. Rules and regulations of county 21-3962. Trustees to file budgets. 

board. 21-3963. Selection of teachers. 

21-3954. Blank. 21-3964. County unit school levy. 

21-3955. Criteria for board actions. 21-3965. Borrowing in anticipation thereof. 

21-3956. Control of finances and employees. 21-3966. High school building fund. 

21-3957. Blank. 21-3967. Allocation of unpledged school 
21-395S. All white children to have equal fund balances. 

opportunities for high school. 

§ 21-3951. Duties of county superintendent of education. 

The county superintendent of education of Saluda County shall give his en- 
tire time to the duties of his office and visit each school district within his 
county at least twice yearly with a view to placing the schools upon a uniform 
system of training. 

1942 Code § 5313; 1932 Code § 5328; Civ. C. '22 § 2578; Civ. C. '12 § 1728; Civ. C. '02 
§ 1198; 18S3 (18) 535; 1891 (20) 1114, 1268, 1391; 1893 (21) 492; 1899 (23) 1057; 1905 
(24) 836; 1917 (30) 125; 1927 (35) 32; 1929 (36) 8, 63; 1932 (37) 1307; 1940 (41) 1664. 

§21-3952. Blank. 

§ 21-3953. Rules and regulations of county board. 

The county board of education may make such rules and regulations, not 
in conflict with the provisions of this chapter, as will contribute to the per- 
formance and discharge of the duties imposed upon it by the provisions of 
this chapter. 

1942 Code § 5652; 1941 (42) 417. 

§ 21-3954. Blank. 

§ 21-3955. Criteria for board actions. 

In setting up, establishing and controlling the schools of Saluda County the 
county board of education shall, at all times, have in mind the best interest 
of all the pupils of school age in the county and shall consult with the local 
board of trustees of each school district and shall give due regard to the wishes 
of the patrons of each school district with respect to any changes proposed to 
be made which will affect the school of any district. 

1942 Code § 5652-2; 1941 (42) 417. 

334 



§ 21-3956 Education § 21-3963 

§ 21-3956. Control of finances and employees. 

The county board of education shall determine the method of handling all 
school funds and shall fix and regulate the salaries of all superintendents, prin- 
cipals, teachers, janitors, bus drivers and other persons employed directly or 
indirectly in connection with the county school system and no person other 
than teachers shall be employed or salaries paid in any position relative to 
the school system of said county without the approval of the county board. 

1942 Code § 5652-1; 1941 (42) 417. 

§21-3957. Blank. 

§ 21-3958. All white children to have equal opportunities for high school. 

The county board of education shall do all in its power to give to each white 
child of school age equal opportunity to obtain a high school education. 

1942 Code § 5652-2; 1941 (42) 417. 

§21-3959. Blank. 
§21-3960. Blank. 

§21-3961. When trustees elected. 

The trustees of any school district in Saluda County shall be elected by the 
qualified electors of the school district when the patrons of such school district 
desiring to have the trustees elected shall file with the county board of educa- 
tion, prior to the expiration of the term of office of any trustee or trustees, a 
petition signed by at least a majority of the patrons of the school district re- 
questing the board to order an election for trustees. Upon the filing of a pe- 
tition, as provided for in this section, the county board of education shall order 
an election for the trustee or trustees of such school district. The election shall 
be held under the direction of the county board and otherwise as general 
elections are held. The county board shall canvass and declare the result of 
the votes at the election. 

1942 Code § 5653; 1932 Code § 5586; 1929 (36) 204. 

Cross reference. — As to filling vacancies 
in board of trustees, see § 21-225. 

§21-3962. Trustees to file budgets. 

The trustees of each school district shall file with the county board of edu- 
cation for its approval or disapproval not later than the 15th day of July of 
each year an itemized budget showing the funds needed for the operation of 
their schools for the ensuing year. 

1942 Code § 5652-4; 1941 (42) 417. 

§21-3963. Selection of teachers. 

The trustees of the respective school districts shall have the right to elect 
the teachers for their schools. 

1942 Code § 5652-1; 1941 (42) 417. 

335 



§21-3964 Code of Laws of South Carolina §21-3967 

§ 21-3C64. County unit school levy. 

There is hereby levied upon all of the taxable property of Saluda County a 
levy of twelve mills for the purpose of providing a sufficient sum to meet all 
the expenses of a county unit school system in the county. Such levy shall be 
in lieu of all former special levies in the various school districts of the county 
except those levies which are for the purpose of retiring outstanding bonded 
indebtedness. 

1942 Code §5052-3; 1941 (42) 417; 1942 (42) 1671; 1948 (45) 1715. 

§ 21-3965. Borrowing in anticipation thereof. 

The county board of education may borrow money in anticipation of the 
collection of the taxes herein authorized to be levied. The special moneys so 
borrowed shall be evidenced by notes bearing such date and being in such 
denominations and having such maturities as may be determined by the coun- 
ty board and shall bear such rate of interest as may be agreed upon by the 
board and the lender of such money. The notes so issued shall carry the full 
faith, credit and taxing power of the county and shall be signed by a majority 
of the members of the county board of education and countersigned by the 
county treasurer. 

1942 Code § 5652-3; 1941 (42) 417; 1942 (42) 1671. 

§ 21-3966. High school building fund. 

The treasurer of Saluda County may create and set up in his office a fund 
to be known as the High School Building Fund. Upon receiving moneys from 
the tax collector derived from the collection of delinquent taxes, the treasurer 
shall place such moneys in such building fund. He shall also place in said 
fund surplus moneys from time to time received in excess of the appropriations 
made by reason of the millage levied producing more than was actually nec- 
essary and surplus funds accruing by virtue of any other reason. But he 
shall not place in said building fund any moneys which are pledged for any 
specific purpose, nor moneys which were collected by virtue of specific appro- 
priations when the entire amount of such appropriation has not accrued to 
the department or purpose for which it was appropriated. The High School 
Building Fund shall be expended for school buildings as may be from time to 
time directed by the county legislative delegation. 

1947 (45) 527. 

§ 21-3967. Allocation of unpledged school fund balances. 

Just prior to the end of any fiscal year, all unexpended accumulated balances 
in the hands of the county treasurer of Saluda County for school purposes, not 
specifically pledged, and after a sufficient amount has been ordered by the 
county board of education to be earmarked and held for said board for the 
purpose of purchasing school busses and other necessities, shall be allotted 
to the Saluda High School District, the Ridge Spring High School District, 
the Hollywood High School District and the other schools of the county in 
the same proportions as the allocation of the proceeds of the sale of certain 
school notes as fixed and directed by section 1 of the Acts of 1949, p. 636, and 

336 



§ 21-4001 



Education 



§ 21-4002 



the county treasurer shall pay out such fund according to such ratio upon 
the warrants of the trustees of each district named in said act and by the 
warrant of the county board of education for the other schools of the county. 
1949 (46) 636. 



CHAPTER 57. 
Spartanburg County. 



Sec. 




Sec. 


21-4001. 


County board of education. 


21-4018. 


21-4002. 


Election of members; term; vacan- 






cies. 


21-4019. 


21-4003. 


Officers; meetings; travel expenses. 


21-4019. 


21-4004. 


Board to supervise public school 


21-4020. 




program. 


21-4021. 


21-4005. 


Employment of personnel. 


21-4022. 


21-4006. 


Qualifications for personnel; rules 






generally. 


21-4023. 


21-4007. 


Blank. 




21-4008. 


Blank. 


21-4024. 


21-4009. 


Board's objective in providing fi- 






nances. 


21-4025 


21-4010. 


Plans for buildings and capital out- 


21-4026 




lays generally. 


21-4027 


21-4011. 


County superintendent. 




21-4012. 


Vacancies in office of superintend- 






ent. 


21-4028 


21-4013. 


Superintendent administrative offi- 






cer. 


21-4029 


21-4014. 


Blank. 


21-4030 


21-4015. 


Blank. 




21-4016. 


Consolidation with districts in ad- 
joining counties. 


21-4031 


21-4017. 


Local boards of trustees. 





Appointment or election of trus- 
tees. 

Terms of trustees. 
1. Removal of trustees. 

Officers. 

Blank. 

School district budgets and levy 
therefor. 

Payment of bond interest and in- 
surance due by school districts. 

Accounts of funds; bonding of per- 
sonnel. 

Superintendents of schools. 

County tax levy. 

Apportionment of receipts between 
operating and capital expendi- 
tures. 

Disposition of surplus capital 
funds of districts. 

Blank. 

Credit of school funds received by 
treasurer. 

Temporary investment of funds re- 
ceived for permanent improve- 
ments. 



§ 21-4001. County board of education. 

The central authority of the public school system of Spartanburg County 
shall be vested in a county board of education composed of twelve members 
who shall otherwise have no official connection with the public schools of the 
county and whose duties and powers shall be as provided herein. 

1950 (46) 2192. 



§ 21-4002. Election of members ; terms ; vacancies. 

Members of the county board of education shall be elected by the qualified 
electors of the twelve separate school districts that existed in the county prior 
to December 1 1951. Each of such districts shall have one member who is a 
qualified elector of the district as a member of the county board of education. 
The twelve members of the first county board of education having been elect- 
ed four for two years expiring January 1 1953, four for four years expiring 
January 1 1955 and four for six years expiring January 1 1957, the successors 
to the four members whose terms expire on January first in any year shall be 
[3 SC Code]— 22 337 



§ 21-4003 Code of Laws of South Carolina § 21-4008 

elected in the general election held in the preceding year for a term of six 
years commencing on the succeeding January first. The members so elected 
shall be qualified electors of the same former school district as the members 
whose terms expire and shall not be trustees of the local school district. The 
county board of education shall fill by appointment any vacancy which leaves 
an unexpired term. 
1950 (46) 2192. 

§ 21-4003. Officers ; meetings ; travel expenses. 

The county board of education shall annually on the first Tuesday next 
following January first elect from its membership a chairman and a vice-chair- 
man. It may designate one of its members as secretary of the board and the 
county superintendent of education as assistant secretary. The board shall 
hold regular monthly meetings which shall be open to the public and special 
meetings at such other times as may be necessary. Members of the board 
shall be reimbursed for any travel expenses incurred in carrying on official 
business of the board. 

1950 (46) 2192. 

§ 21-4004. Board to supervise public school program. 

The county board of education shall have general supervision of all phases 
of the public school program in Spartanburg County except as may be other- 
wise vested by this article in boards of trustees of local school districts. 

1950 (46) 2192. 

§ 21-4005. Employment of personnel. 

The county board of education shall, upon nomination of the county super- 
intendent of education, employ all other personnel necessary for the efficient 
operation of the school services operated by the county board of education 
for the benefit of the school system of the county as a whole, such personnel 
to include a supervisor of transportation, a purchasing agent, teacher-consult- 
ants, attendance teacher or teachers and any other assistants that may be 
needed. 

1950 (46) 2192. 

§ 21-4006. Qualifications for personnel ; rules generally. 

The county board of education shall set up qualifications and make rules 
governing the county superintendent of education, supervisors, teacher-con- 
sultants and attendance teacher and other personnel, set up qualifications for 
and supervise the training of bus drivers and make rules governing other 
matters pertaining to the schools of the county as a whole. Such rules shall 
have the effect of law. 

1950 (46) 2192; 1951 (47) 535. 

§ 21-4007. Blank. 
§ 21-4008. Blank. 

338 [3SCCode] 



§ 21-4009 Education § 21-4016 

§ 21-4009. Board's objective in providing finances. 

In providing for the financing of the school system of Spartanburg County, 
the county board of education shall have as its objective equalization of funds 
available for the operation of all schools in the county. 

1950 (46) 2192. 

§ 21-4010. Plans for buildings and capital outlays generally. 

The county board of education shall locate or approve the location of new 
school buildings in the county and shall approve plans for school buildings 
and it shall supervise and control the expenditure of all moneys for capital 
outlay. 

1950 (46) 2192. 

§21-4011. County superintendent. 

The county superintendent of education shall serve for a term of four 
years beginning July first of each year preceding the year of a presidential 
election. He shall be elected in the general election for the year preceding 
that in which he begins to serve. 

1950 (46) 2192. 

§ 21-4012. Vacancies in office of superintendent. 

In Spartanburg County any vacancy in the office of county superintendent 

of education shall be filled by a majority of the county legislative delegation 

when the unexpired term is for less than two years ; and when the unexpired 

term is for more than two years the Governor shall order a special election 

to fill the vacancy and the Governor shall commission as superintendent the 

person elected in such election. 

1942 Code §5302; 1932 Code §5309; Civ. C. '22 §2567; Civ. C. '12 §1718; Civ. C '02 
§ 1187; 1896 (22) 150; 1932 {2,7) 1364; 1935 (39) 439, 456. 

§ 21-4013. Superintendent administrative officer. 

The county superintendent of education shall be the administrative officer 
of the county board of education. He shall effectuate the official policies of 
the board and recommend to the board from time to time such changes in pro- 
cedure and policy as will, in his opinion, improve the school system in the 
county. He shall consult with the board when in doubt as to his official duty. 

1950 (46) 2192. 

§ 21-4014. Blank. 
§21-4015. Blank. 

§ 21-4016. Consolidation with districts in adjoining counties. 

Districts adjoining Spartanburg County may consolidate with the districts 
in Spartanburg County by having the same operating levy as the district has 
and by paying the same amount per pupil for the capital outlay and other ex- 
penses as Spartanburg County pays. 

1950 (46) 2192. 

339 



§21-4017 Code of Laws of South Carolina §21-4019 

§ 21-4017. Local boards of trustees. 

In each of the school districts provided for in § 21— !014 there shall be a 
board of trustees of five, except in School District No. 7, which shall have 
seven trustees. 

19S0 (46) 2192. 

Editor's note. — The reference to § 21-4014 Code as adopted and the reference should 
should be disregarded. The section oiip;i- likewise have been deleted, 
nally so designated was omitted from the 

§ 21-4018. Appointment or election of trustees. 

The members of the school district boards of trustees of Districts Nos. 5 
and 7 shall be appointed by the county board of education, except that, upon 
the petition of not less than two hundred qualified electors of either such school 
district, the county board of education shall call an election to determine the 
membership of the board of trustees for such district. The laws governing 
general elections in this State shall apply to the election of trustees. The 
county board of education shall appoint managers for all voting precincts in 
the district. The district in which the election is held shall pay out of its 
school funds the costs of the election. The managers shall report the results 
to the county board of education, which shall declare the results, hear any 
contests and decide such contests. The decision of the county board of edu- 
cation may be appealed to the State Board of Education if written notice of 
appeal is served on the board within a period of ten days after the decision is 
rendered. 

1950 (46) 2192. 

The board acquires jurisdiction at the signed by persons who later said that they 
time of the filing of the original petition, signed it on being told that it was for pur- 
and it cannot be defeated or impaired by the chasing a school bus, was not signed 
attempted withdrawal of the names of sev- through fraud or misrepresentation of con- 
eral of the petitioners. Hawkins v. Carroll, tents of said petition as to warrant the 
190 S. C. 11, 1 S. E. (2d) 898 (1939). court to permit a withdrawal after the filing 
Names to petition to call election of a of the petition. Poole v. Tiner, 208 S. C. 
trustee could not be withdrawn after elec- 481, 3S S. E. (2d) 650 (1946). 
tion ordered and notice posted. Poole v. As to issuance of mandamus to compel 
Tiner, 20S S. C. 481, 38 S. E. (2d) 650 Governor to hold a new election where elec- 
(1946). tion held under this section had been de- 
Petition clearly stating purpose is valid. clarcd void, see Easier v. Maybank, 191 S. 
—A petition which clearly stated that it was C. 511, 5 S. E. (2d) 288 (1939). 
for the election of a trustee, and which was 

§21-4019. Terms of trustees. 

The terms of office of the initial members of the board of trustees of Dis- 
trict No. 5 having been one for a term expiring January 1 1952, one for a term 
expiring January 1 1953, one for a term expiring January 1 1954, one for a term 
expiring January 1 1955 and one for a term expiring January 1 1956, and the 
terms of office for the initial trustees of School District No. 7 having been for 
terms expiring as above stated but with two members appointed for terms 
expiring January 1 1955 and two members for terms expiring January 1 1956, 
the terms of office of the successors to all members of such boards of trustees 
shall be for a period of five years. Only members of the first boards of trus- 
tees whose terms are for less than five years and members who are appointed 

340 



§ 21-4019.1 Education § 21-4C25 

for unexpired terms shall be eligible for reappointment or election to succeed 
themselves. 

1950 (46) 2192. 

§21-4019.1. Removal of trustees. 

Whenever, in the judgment of the county board of education, it is to the best 
interest of the schools of any school district that any trustee be removed from 
office, such board may remove such trustee and appoint another to serve in 
his place during the remainder of the term for which he was originally ap- 
pointed. But the terms of this section shall not apply to any trustee elected 
under the provisions of § 21-4018. 

1951 (47) 535. 

§21-4020. Officers. 

The members of each board of trustees shall elect a chairman and a secretary. 
1950 (46) 2192. 

§21-4021. Blank. 

§ 21-4022. School district budgets and levy therefor. 

At the beginning of each school year the trustees of each school district 
shall make out a budget for their school district setting forth the estimated 
needs of all schools within the district for the ensuing year and submit it to 
the county board of education by July first. The county board of education 
shall either approve or disapprove the budget. If it is approved, it shall be 
turned over to the auditor, who shall levy the necessary levy upon all the 
taxable property of the district. 

1950 (46) 2192. 

§ 21-4023. Payment of bond interest and insurance due by school districts. 

The superintendent of education of Spartanburg County or the assistant 
superintendent of education may sign claims for the payment of bond interest 
or insurance on school property of the respective school districts of the coun- 
ty. This authority shall include only those items the payment of which is 
regulated by law or is of a perfunctory nature. The superintendent of educa- 
tion or the assistant superintendent shall notify the trustees of any district 
of every charge of this nature made against the account of their district. 

1942 Code § 5656-4; 1936 (39) 1709. 

§ 21-4024. Accounts of funds ; bonding of personnel. 

The trustees of the several school districts shall have all accounts of school 
funds kept by their respective school districts audited and published annually. 
All persons handling school funds shall be bonded. The amount of each such 
bond shall be determined by the county board of education. 

1950 (46) 2192. 

§ 21-4025. Superintendents of schools. 

The board of trustees in each school district shall employ a superintendent 
of schools who shall be the administrative officer of the board. The local 

341 



§21-4026 Code of Laws of South Carolina §21-4030 

superintendent shall nominate principals and teachers for the schools in the 
district and supervise all schools, principals, and teachers, together with all 
phases of the school program in the area constituting the school district. 
1950 (46) 2192. 

§ 21-4026. County tax levy. 

There shall be levied a thirteen mill tax to be applied uniformly to all prop- 
erty in the county to guarantee a minimum foundation program of public 
school education to all children in the county. The levy shall be entered by 
the county auditor and collected by the county treasurer in the same manner 
as are other taxes on property. Proceeds of this levy shall be credited by the 
county treasurer to the county board of education. 

1950 (46) 2192; 1951 (47) 535. 

§ 21-4027. Apportionment of receipts between operating and capital expendi- 
tures. 

The county board of education shall annually provide for the apportionment 
of the proceeds of the uniform county-wide tax provided for in § 21-4026 on the 
basis of the number of pupils residing within the county in average daily at- 
tendance in each of the several school districts. 

1950 (46) 2192; 1951 (47) 535. 

§ 21-4028. Disposition of surplus capital funds of districts. 

Any surplus capital funds of any school district in Spartanburg County, with 
the exception of District No. 7 , shall be deposited with the county treasurer 
who shall place them to the credit of the district. 

1951 (47) 335. 

§21-4029. Blank. 

§ 21-4030. Credit of school funds received by treasurer. 

Funds collected or received by the county treasurer for school purposes 
shall be credited as outlined below : 

(1) State and Federal funds shall be credited directly to the school districts 
or county board of education for which they were remitted ; and 

(2) Proceeds of the uniform county-wide tax for school purposes shall be 
credited to the county board of education and the county board of education 
shall certify to the county treasurer the apportionment of this fund to each of 
the several school districts and when so notified the county treasurer shall 
make transfers from the county board of education account to each of the 
school district accounts in accord with such apportionment by the county 
board. 

Records of all school funds not specifically provided for herein shall be 
kept as directed by the county board of education. 
1950 (46) 2192; 1951 (47) 535. 

342 



§21-4031 



Education 



§ 21-4051 



§ 21-4031. Temporary investment of funds received for permanent improve- 
ments. 

The treasurer of Spartanburg County, upon the written request of the school 
trustees of any school district in the county, shall invest in securities of the 
United States, of this State, any county or municipality in this State, or any 
Federal savings and loan association, in the discretion of the trustees, any 
funds in his hands to the credit of such school district which were received 
from bond issues or otherwise for the purpose of constructing permanent im- 
provements in such school district, pending the use of such funds for such 
purpose. Whenever, after such investment, the school trustees desire to use 
such funds for the purpose for which they were received, the county treasurer, 
upon the written request of such school trustees, shall convert such invest- 
ments into cash and place the proceeds thereof to the credit of such school 
district, so that they shall be available for the purpose for which they were 
originally received, 

1942 (42) 1596. 



CHAPTER 58. 
Sumter County. 



Article 1. 

General Provisions. 

Sec. 
21-4051. Budgets. 
21-4052. Contracts in excess of budgets, etc. 

Article 2. 
School District No. 17. 

21-4061. Consolidation with former District 
No. 1. 

21-4062. Status and powers. 

21-4063. Jurisdiction of county board of ed- 
ucation over district. 

21-4064. Number, election and term of 
school commissioners. 



Sec. 
21-4065. Conduct of elections. 
21-4066. Vacancies. 

21-4067. Organization of board; employees. 
21-4068. Treasurer. 

21-4069. Duties and powers of board. 
21-4070. Borrowing in anticipation of taxes. 
21-4071. Employment of or contract with 

board members. 
21-4072. Budgets; contracts. 
21-4073. Tax levies. 
21-4074. Security for deposit of funds. 
21-4075. Disbursement of funds. 
21-4076. Report of collections; payment to 

board. 
21-4077. Investment of sinking funds. 



Article 1. 

General Provisions. 
§21-4051. Budgets. 

The superintendent of education of Sumter County shall call together the 
trustees of the two school districts of the county on or before July 15th 
of each year and advise with them concerning the finances of the districts. 
The trustees of the two districts shall, on or before the 15th day of August 
of each year, submit to the county board of education a proposed budget of 
expenditures for the ensuing scholastic year and the board may revise such 
budget for the respective districts. 

1942 Code § 5658; 1932 (37) 1236; 1936 (39) 1330. 

343 



§21-4052 Code of Laws of South Carolina §21-4065 

§ 21-4052. Contracts in excess of budgets, etc. 

The trustees for the school districts may not enter into any contract or ex- 
penditure which has not been included in such budget, or which, in the case of 
District No. 2, has not been approved by the board of education, nor shall the 
board approve any budget for any school district when the revenue for such 
school district of the then current year is not sufficient to pay the current ex- 
penses. But this section shall not be construed to prevent the school trustees, 
with the approval of the county board of education, in the case of School Dis- 
trict No. 2, from entering into contracts for permanent improvements or for 
transportation of pupils extending beyond the ensuing scholastic year. 

1942 Code § 5658; 1932 (37) 1236; 1936 (39) 1330. 

Article 2. 
School District No. 17. 

§ 21-4061. Consolidation with former District No. 1. 

For the purpose of maintaining public schools in the area of Sumter County 
previously known as School Districts No. 1 and No. 17 and for promoting their 
efficiency, the area previously designated as School District No. 17 and the 
area previously designated as School District No. 1 have been consolidated 
into one school district which shall be known as School District No. 17. 

1949 (46) 158. 

§ 21-4062. Status and powers. 

School District No. 17 shall be a body politic and corporate, with such gov- 
ernment, rights, privileges and liabilities as other school districts possess 
under the provisions of the general school laws of the State. 

1949 (46) 158. 

§ 21-4063. Jurisdiction of county board of education over district. 

The board of education of Sumter County shall have jurisdiction over only 
the schools and educational interests in the county outside the territory in- 
cluded in School District No. 17, except as in this article otherwise provided 
and under the provisions of § 21-114.1. 

1949 (46) 158. 

§ 21-4064. Number, election and term of school commissioners. 

There shall be seven school commissioners for School District No. 17, who 
shall constitute the school board for the district. An election shall be held on 
the second Tuesday in June of each year when an election shall be necessary 
to fill the office of any school commissioner whose term shall have expired. 
The commissioners so elected shall serve for a term of four years, and until 
their successors are elected. 

1949 (46) 158. 

§21-4065. Conduct of elections. 

Notice of any election herein provided for shall be given in a newspaper pub- 
lished in Sumter County uot less than once a week for three weeks prior to 

34* 



§21-4066 Education §21-4069 

any such election and any candidate for the position of school commissioner 
shall file his name with the county superintendent of education not less than 
seven days prior to such election, notifying the county superintendent of 
his candidacy for the position of school commissioner. The superintendent 
shall publish in a newspaper published in the city of Sumter the names of the 
qualified candidates whose names have been filed with him not less than five 
days prior to such election and no candidate shall be voted upon whose name 
has not been so filed with the superintendent as herein required. The election 
shall be held between the hours of nine o'clock A. M. and four o'clock P. M. 
The county superintendent of education shall appoint the managers of the 
election, designate the place or places of the election, receive in writing the 
returns of the managers and declare the results thereof. The qualifications 
of electors shall be the same as those required by law for voting in the general 
election for state and county officers. 
1949 (46) 158. 

§ 21-4066. Vacancies. 

Should the office of any school commissioner become vacant during the 
term for which he was elected, the board of school commissioners, as soon 
thereafter as practicable, shall appoint a suitable person to fill such vacancy, 
who shall serve as a regular member of the board until the term for which 
he shall have been appointed has expired. 

1949 (46) 158. 

§ 21-4067. Organization of board ; employees. 

The seven school commissioners elected as provided herein shall constitute 
the school board which shall be known as the Board of School Commissioners 
of District No. 17. The board may assemble at any time and shall elect a 
chairman, a vice-chairman, a secretary-treasurer, a superintendent of schools 
and such other school employees as it may deem proper, whose term of office, 
duties and compensation shall be prescribed by the board. 

1949 (46) 158. 

§21-4068. Treasurer. 

The board of school commissioners of School District No. 17 shall appoint 
a treasurer and determine his compensation. Before entering upon his duties 
the treasurer shall give an official bond to the board in such sum and with such 
sureties as may be approved by the board, the bond to be conditioned upon 
the faithful performance and discharge of his duties. The treasurer shall 
keep an account of all funds received and disbursed under such rules and regu- 
lations as the board shall prescribe, 

1949 (46) 158. 

§ 21-4069. Duties and powers of board. 

The board shall have the following duties and powers : 

(1) To discharge the same duties in said school district as are required 
of boards of school trustees in the various school districts under the general 
school law of the State; 

345 



§21-4070 Code of Laws of South Carolina §21-4072 

(2) To determine the studies and textbooks to be used in the schools of 
the district, under the provisions of the general school law ; 

(3) To elect a superintendent, principals of the various schools, supervisors, 
teachers and such other employees of the board and for such terms as they 
may prescribe and to assign their duties and fix their compensation and dis- 
miss or discharge any of such employees at the will of the board ; 

(4) To make such rules and regulations for the government of the schools 
and their employees as the board may determine ; 

(5) To fill any vacancy that occurs in the board for the unexpired term ; 

(6) To make, when required, annual reports to the State Superintendent 
of Education as to the schools in the district, furnishing him with such infor- 
mation as is required of school trustees under the general law of the State; 

(7) To buy, sell and own real estate, personal property, bonds and choses in 
action and to erect buildings on real estate owned in fee simple or fee de- 
feasible by the district for school purposes within the district ; 

(8) To purchase school equipment and properly maintain all properties 
held by the board for school purposes ; 

(9) Prior to the beginning of each scholastic year, to prepare a budget of 
receipts and expenditures for such year ; and 

(10) To determine the manner in which the taxes provided for by § 21-4073 
shall be expended annually to meet the requirements as set forth by the budget. 

1949 (46) 158. 

§ 21-4070. Borrowing in anticipation of taxes. 

The board of school commissioners may borrow for current expenses for 
any fiscal year not exceeding seventy-five per cent of the receipts during the 
preceding fiscal year, pledging the current receipts for the repayment of such 
indebtedness. Such loans shall be made on the note or notes of the school 
district. 

1949 (46) 158. 

§ 21-4071. Employment of or contract with board members. 

No member of the board of school commissioners shall be eligible to any 
salaried office within the provisions of this article, nor shall any member 
of the board contract with the board and any such attempted contract shall be 
void. 

1949 (46) 158. 

§ 21-4072. Budgets ; contracts. 

The board of school commissioners shall, on or before August 15th of each 
year, prepare and cause to be filed with the board of education of Sumter Coun- 
ty a proposed budget of ordinary school expenditures for the ensuing school 
year and the county board of education may revise the budget by reducing the 
amount therein proposed to be expended. Until such budget is approved by 
the county board of education no contract entered into by the school board 
thereunder shall be binding. The county board of education shall not approve 
any such budget submitted to it by the school board, except that the budget 

346 



§ 21-4073 Education § 21-4077 

provide for expenditures thereunder of an amount not exceeding the anticipat- 
ed revenue for the current } r ear. 
1949 (46) 158. 

§21-4073. Tax levies. 

Upon presentation of a certified copy of a resolution of the board of school 
commissioners of School District No. 17 to the auditor of Sumter County, 
signed by not less than four members of the board, directing and authorizing 
the auditor to do so, the auditor shall raise or lower the taxes assessed against 
the property of said school district, as may be directed by such resolution for 
school purposes for said district and failure of the auditor to comply with 
such resolution as herein provided shall constitute malfeasance in office, and 
shall be punishable as provided for other malfeasance in office. 

1949 (46) 158. 

§ 21-4074. Security for deposit of funds. 

All taxes collected or received by the treasurer of Sumter County for the 
account of School District No. 17 shall be protected by the official bond of the 
county treasurer as public money and the treasurer shall require sureties from 
any bank in which such funds are deposited to the extent of not less than 
sixty per cent of such deposit, such securities to be in bonds of the Federal 
Government or the State or subdivisions thereof and to be based on the 
market value in arriving at the sixty per cent of security required to be secured 
by the treasurer. 

1949 (46) 158. 

§ 21-4075. Disbursement of funds. 

The funds held and received by the county treasurer for the account of 
School District No. 17 from all sources shall be paid out only on the warrant 
of the board of school commissioners, such warrant to be signed by the chair- 
man or vice-chairman thereof and attested by the treasurer of the board. The 
amount so drawn by warrant, together with all other funds received from 
other sources by the board, shall be deposited in such bank or banks in the 
city of Sumter as may be designated by the board and shall be disbursed upon 
approval of the board of checks duly signed by the treasurer of the board. 

1949 (46) 158. 

§ 21-4076. Report of collections ; payment to board. 

The county treasurer shall report on the fifteenth day of each month to the 
board of commissioners the amount of all collections, specifying the source 
from which such collections are received, and shall pay over the same to the 
board upon the warrant of the board, signed by the chairman or vice-chairman, 
duly attested by the treasurer of the board. 

1949 (46) 158. 

§ 21-4077. Investment of sinking funds. 

The board may, on written direction of the Senator and a majority of the 
house members from Sumter County, in lieu of requiring security for the de- 

347 



§21-4151 



Code of Laws of South Carolina 



§21-4153 



posit of its sinking fund, either use the proceeds of such sinking fund to pur- 
chase and retire its bonds for which such sinking fund was created or invest 
the proceeds of such sinking fund in obligations of the United States or of this 
State or any of its political subdivisions. 
1949 (46) 158. 



CHAPTER 59. 

Union County. 



Article 1. 
General Provisions. 



Sec. 



21-4151. Per diem of members of board of 
education. 

21-4152. Clerk to superintendent of educa- 
tion. 

21-4153. Nomination of trustees at mass 
meetings. 

21-4154. Trustees of Jonesville Special 
School District. 

21-4155. Additional method of establishing 
high schools. 

21-4156. Trustees of such high schools and 
duties thereof. 



Sec. 



Article 2. 
Financial Matters. 



21-4171. School District tax levies. 
21-4172. Consent of delegation to county 

levies. 
21-4173. Tax levy for high school purposes. 
21-4174. Special levy in Lockhart School 

District No. 15. 
21-4175. Contracts not to create deficits. 



Article 1. 

General Provisions. 

§ 21-4151. Per diem of members of board of education. 

The members of the county board of education shall be allowed a per diem 
for each day actually in session, engaged in their public duties, not to exceed 
twelve days in any one year. This item shall be borne by the general school 
fund before such fund has been apportioned. 

1942 Code § 5661; 1932 Code § 5320-K; 1929 (36) 58; 1932 (37) 1412. 

Cross reference. — As to repeal of 6-0-1 
Law, see 1933 Acts [1933 (38) 567]. 

§ 21-4152. Clerk to superintendent of education. 

The position of clerk to the superintendent of education of Union County 
is hereby created. The clerk to the county superintendent of education shall 
be appointed by the county superintendent of education. 

1942 Code § 5661-1; 1935 (39) 446. 



§ 21-4153. Nomination of trustees at mass meetings. 

The patrons and residents of the respective school districts in Union County 
shall annually, on the second Tuesday in March, meet at some school building 
in their respective districts, or at some other convenient place in the district 
designated by the county board of education, and, in such manner as the 

348 



§21-4154 Education §21-4156 

patrons and residents deem advisable, select a person to be recommended to 
the county board of education for appointment as trustee of their district, to 
succeed the trustee of such district whose term expires within twelve months 
following the date of such meeting. The county board of education shall an- 
nually, two weeks before the second Tuesday in March, advertise in some 
newspaper published in said county, the places and time, including the hour, 
of the meetings provided for in this section. The provisions of this section 
shall not apply to school districts the trustees of which are elected under 
special provisions of law and are not appointed by the county board of educa- 
tion. 

1942 Code § 5664; 1940 (41) 1808. 

§ 21-4154. Trustees of Jonesville Special School District. 

The board of school trustees of Jonesville Special School District of Union 
Count}' shall be composed of five members and shall be elected at the general 
election in every even-numbered year. The terms of office of the members 
shall be four years, the original members having been elected two for a term 
of four years expiring in 1936 and three for a term of two years expiring in 
1934. In the event of a tie in the vote for candidates as herein provided, the 
one whose surname is alphabetically nearest to "A" in the alphabet shall be 
declared elected. In the event of a vacancy a successor shall be named by the 
remaining boc.rd members to fill out the unexpired term of office, and in the 
event that a tie occurs in the vote of the remaining members the tie shall be 
broken by the county superintendent of education. 

1942 Code § 5664-1; 1932 (37) 1216. 

§ 21-4155. Additional method of establishing high schools. 

In Union County, in addition to the methods now provided by law for the 
establishment of high schools, the county board of education, when in its 
judgment the establishment of a high school would be to the best interest 
of the school facilities for any community, may establish and maintain a high 
school which shall enjoy the privileges now enjoyed and conferred upon high 
schools of the State. The county board shall fix the limits of the high school 
district. One of the factors which the county board of education should take 
into consideration in reaching a conclusion as to the establishment of any 
particular high school is the cost of transporting children within the area 
of the proposed new high school district to some other high school. In all 
events, however, the matter is left entirely to the wise discretion of the county 
board, and the factor above mentioned is merely directory and not mandatory. 
The requirements of any high school established under the provisions of this 
section shall be the same as provided under the general school law of the 
State. 

1942 Code § 5663; 1932 Code § 5659; 1930 (36) 1182. 

§ 21-4156. Trustees of such high schools and duties thereof. 

The trustees of any high school established under the provisions of § 21-4155 
shall be designated as provided by law for the designation of other high school 

349 



§21-4171 Code of Laws of South Carolina §21-4174 

trustees in the county. When a board of trustees for any such high school has 
been duly appointed and qualified it shall forthwith, with funds available for 
that purpose, construct and equip a high school building at a site designated 
by the county board of education, to cost a sum not exceeding an amount fixed 
by the county board. 

1942 Code § 5663; 1932 Code § 5659; 1930 (36) 1182. 

Article 2. 
Financial Matters. 

§ 21-4171. School district tax levies. 

The board of school trustees of any school district, by and with the consent 
of the county superintendent of education, may retain all or any portion of any 
tax levy now on the property of such district necessary for the payment of 
teachers' salaries in such district in excess of the amount provided for that 
purpose under the provisions of chapter 8 of this Title and under the gen- 
eral provisions of this article and for the payment of the incidental running 
expenses of any school in such district. 

1942 Code § 5661; 1932 Code § 5320-K; 1929 (36) 58; 1932 (37) 1412. 

Cross reference. — As to repeal of 6-0-1 
Law, see 1933 Acts [1933 (38) 567]. 

§ 21-4172. Consent of delegation to county levies. 

No tax for school purposes, other than that provided for by § 21-4173 shall be 
levied by the auditor on all of the taxable property of Union County except 
at the direction in writing of a majority in number, including the Senator, of 
the county legislative delegation. 

1942 Code § 5661; 1932 Code § 5320-K; 1929 (36) 58; 1932 (37) 1412. 

§ 21-4173. Tax levy for high school purposes. 

The auditor of Union County shall levy on taxable property in the county 
for high school purposes a tax of one-half mill, and the treasurer shall collect 
such tax at the same time and in the same manner as other taxes are col- 
lected. The treasurer shall also hold, in a separate fund, the amount so col- 
lected and credit it to each high school district in such proportionate amount 
as directed by the county board of education. The county board of education 
shall allot and apportion the amount so collected to each high school district 
in the county in proportion to the high school enrollment in the district and 
shall direct the county treasurer to credit the proportionate amount to each 
high school district for the purpose of assisting in the expense of high schools. 

1942 Code § 5661-2; 1937 (40). 492. 

§ 21-4174. Special levy in Lockhart School District No. 15. 

The trustees of Lockhart School District No. 15, in Union County, may on 
or before the first day of June in each year, levy on all real and personal prop- 
erty returned for taxation in said school district a local tax not exceeding nine 
mills on the dollar in any one year to supplement the general tax for the 

350 



§21-4175 Education §21-4175 

support of the schools, in the mode following", to wit : The board of trustees, 
on or before the fifteenth day of May in each year, if and when they deem it 
necessary to change the millage, or on petition of at least one third of the 
qualified electors of the district, shall call a meeting of all legal voters living 
in the district and returning real or personal property for taxation therein. 
Public notice of such meeting, specifying the time, place and object, shall be 
given at least ten days before the meeting by posting the same in three con- 
spicuous places in said school district and publishing the same at least twice 
in a newspaper, if any, published in said school district. The persons answer- 
ing the above description, when thus assembled, shall appoint a chairman 
and also a secretary, adjourn from time to time and decide what additional 
tax, if any, shall be levied, not to exceed nine mills on the dollar. No tax thus 
levied shall be repealed at a subsequent meeting within the same fiscal year. 
The chairman shall one week thereafter notify the county auditor of the 
amount of tax levied, and the county auditor shall at once assess such tax on 
all real and personal property returned in said school district, and the county 
treasurer shall collect such tax with the other taxes for the same year and such 
tax shall be enforced in the same manner as other State and county taxes. 
1947 (45) 266. 

§ 21-4175. Contracts not to create deficits. 

The board of trustees of each school district in Union County is hereby 
prohibited from making any contract or agreement that may cause or create 
a deficit for such school district in or by the hiring or employment of school 
teachers for longer teaching terms than the appropriation allotted will cover, 
for the purchase of a school bus or other vehicle to be used in transporting 
pupils to schools, for the operation by hire of anyone to drive a bus or other 
vehicle in the transportation of pupils to schools, for the purchase of material 
or supplies to be used in the school district or for the improvement of any 
school building or grounds or other property in the school district, without 
first making written application therefor to the county superintendent of 
education and obtaining the written authority and consent of the county board 
of education and the county advisory board. No contract or agreement for 
the payment of money or any debt incurred in violation of any provision hereof 
shall be binding on the county. Should there arise in any school district in 
said county a deficit caused by the violation of any provision hereof, the 
county auditor shall levy such tax upon all the taxable property in such school 
district as will cover and pay such deficit whenever such deficit becomes 
known, and the county treasurer shall collect such tax and pay such deficit 
upon the presentation to him of the proper draft with voucher attached. 

1942 Code § 5664; 1932 (37) 1478. 



351 



§21-4201 



Code of Laws of South Carolina 



§21-4201 



CHAPTER 60. 

Williamsburg County. 



Article 1. 

General Provisions. 
Sec. 

21-4201. County board of education; ap- 
pointment; terms; vacancies. 

21-4202. School trustees and officials not 
eligible. 

21-4203. Chairman and meetings. 

21-4204. Compensation. 

21-4205. Employees of board. 

21-4206. County board fund; disposition of 
poll tax collections. 

21-4207. New buildings; repairs and addi- 
tions. 

21-4208. Teachers' salaries. 

21-4209. Budgets. 

21-4210. Claims in excess of budget. 

21-4211. Tuition paid when pupils attend 
school in other districts. 

21-4212. Levy of tax to pay such tuition 
charges. 

21-4213. Tuition charges to accounts of sev- 
eral districts. 

21-4214. Levy of taxes for operation, re- 
pair, etc., of schools. 

21-4215. Borrowing generally. 

21-4216. Refinancing school district bonds. 

21-4217. Gifts. 

21-4218. Investment of school district sink- 
ing fund. 

21-4219. Pergamos School District No. 29 
exempted. 



Article 2. 

Trustees of Certain School Districts. 
Sec. 
21-4231. Lenuds School District No. 4. 
21-4232. Hemingway School District Xo. 12. 
21-4233. Consolidated School District No. 

3. 
21-4234. Greelevville School District No. 22. 
21-4235. Blank. 
21-4236. Salters School District No. 32. 

Article 3. 

Williamsburg High School. 

21-4241. School districts consolidated into 

"Williamsburg High School". 
21-4242. Number of trustees. 
21-4243. Appointment of trustees. 
21-4244. Terms of trustees; vacancies. 

Article 4. 
Blank. 

Article 5. 

Kingstree Public School District. 

21-4261. Established. 

21-4262. Trustees. 

21-4263. Term. 

21-4264. Conduct of elections. 

21-4265. Trustees appointed when no candi- 
dates qualify. 

21-4266. Vacancies. 

21-4267. Duties and powers of trustees. 



Article 1. 

General Provisions. 

§ 21-4201. County board of education ; appointment ; terms ; vacancies. 

The board of education of Williamsburg County shall be composed of seven 
members, two of the members to be appointed from the Kingstree School 
District and its affiliated districts and one member from each of the remain- 
ing high school districts, including the districts affiliated with each of such 
high school districts. The members shall be appointed by the Governor, upon 
the recommendation of the Senator and a majority of the house members of 
the county legislative delegation. The original members having been ap- 
pointed one for a term of one year, two for a term of two years, two for a term 
of three years and two for a term of four years, hereafter when the term of 
any member shall have expired an appointment shall be made in the manner 
prescribed above and the appointee shall serve for a term of four years and 
until his successor has been appointed and qualified. When a vacancy is 

352 



§ 21-4202 



Education 



§ 21-4205 



otherwise created within the board, appointment to fill such vacancy shall be 
for the unexpired term only. 
1944 (43) 1368. 



Constitutionality. — This and the follow- 
ing sections are valid as a special provision 
in the general law, permitted by S. C. 
Const., Art. 3, § 34. Moseley v. Welch, 209 
S. C. 19, 39 S. E. (2d) 133 (1946). 

Those parts of Act No. 502, 1944 Acts, 
which compose the valid portion thereof 
and create this and related sections of this 
article, constitute a complete act capable 
of being executed independently of the un- 
constitutional parts without doing undue 
violence to the legislative intent. Moseley 
v. Welch, 209 S. C. 19, 39 S. E. (2d) 133 
(1946). 

Section does not invade general field of 
education. — Apart from the fiscal aspects, 
this and the following related sections do 
not invade the general field of education. 
There is no attempt to regulate the text- 
books to be used or the subjects to be 
taught in the schools of Williamsburg 
County, the qualifications of teachers or the 



manner in which they shall be elected, the 
school attendance or enrollment of pupils, 
the length of the school term, or various 
other matters pertaining to the general 
field of education. The general law regu- 
lating all these subjects is left undisturbed. 
Moseley v. Welch, 209 S. C. 19, 39 S. E. 
(2d) 133 (1946). 

Or affect existence of county school dis- 
tricts. — There is nothing in this and related 
sections which affects the corporate exis- 
tence or entity of the several school dis- 
tricts of Williamsburg County. Moselev 
v. Welch, 209 S. C. 19, 39 S. E. (2d) 133 
(1946). 

The general school law is in force in 
Williamsburg County, except to the extent 
that it is modified under the terms of this 
and the following sections. Moseley v. 
Welch, 209 S. C. 19, 39 S. E. (2d) 133 
(1946). 



§ 21-4202. School trustees and officials not eligible. 

No school trustee or other school official of the several school districts in 
the county shall be appointed a member of the county board of education. 

1944 (43) 1368. 

§ 21-4203. Chairman and meetings. 

The county board of education shall from time to time elect one of its mem- 
bers as chairman. Meetings of the county board shall be held when called 
by the chairman or upon the call of a majority of the members thereof. The 
board may authorize the county superintendent of education to call meetings 
of the county board. 

1944 (43) 1368. 

§ 21-4204. Compensation. 

The compensation for each member of the county board of education shall 
be a per diem for each day in actual attendance upon called meetings of the 
board and a travel allowance of four cents per mile each way between the 
habitation of each member and the place where any particular meeting is held. 
But the total per diem paid to any member of the county board shall not ex- 
ceed the sum of seventy-five dollars in any year. 

1944 (43) 1368. 



§ 21-4205. Employees of board. 

The county board of education may employ such personnel as it may deem 
necessary in order to provide for the efficient operation of the educational sys- 
[3 SC Code]— 23 353 



§ 21-4206 Code of Laws of South Carolina § 21-4208 

tern of Williamsburg County and it shall defray the salaries and authorized 
expenditures of such employees from the county board fund. 
1944 (43) 136S; 1947 (45) 171. 

Constitutionality. — This section as orig- violated S. C. Const., Art. 1, § 14. provid- 

iijally enacted provided that the salary of ing that the three branches of the State 

the clerk of the county board of education government be forever separate and dis- 

should be approved by the legislative dele- tinct. Moseley v. Welch, 209 S. C. 19, 39 

gation, and thus was held invalid, for it S. E. (2d) 133 (1946). 

§ 21-4206. County board fund ; disposition of poll tax collections. 

All funds collected or available for school purposes from whatever source, 
with the exception of the poll tax, shall henceforth be credited to the county 
board fund. All moneys derived from the annual poll tax shall be credited 
to the several school districts and shall be expended therein for school pur- 
poses. 

1944 (43) 1368; 1947 (45) 171. 

Constitutionality. — This section, as orig- should be used to pay deficits of other 

inally enacted, was held violative of S. C. school districts. 

Const.. Art. 10, §3, for it diverted funds The effect of this section, as it formerly 
from the uses for which they were collected stood, was to appropriate the surplus to 
and appropriated them to the benefit of the credit of one school district to the pay- 
some other district having a deficit. Mose- ment of a deficit already incurred in an- 
ley v. Welch, 209 S. C. 19, 39 S. E. (2d) other school district through the operation 
133 (1946). of its schools. This constituted a denial of 

In Moseley v. Welch, 209 S. C. 19, 39 due process of law and the equal protec- 
S. E. (2d) 133 (1946), the court held this tion of the laws to those citizens and tax- 
section, as originally enacted [1944 (43) payers of a district which had a surplus 
1368], violated S. C. Const., Art. 11, § 6, for the taxpayers were required to pay an 
for it did not require that a separate account indebtedness for schools incurred exclu- 
be kept of the poll taxes collected in the sively within and for the benefit of another 
various districts and undertook to direct school district. Moscley v. Welch, 209 
that any surplus now to the credit of a S. C. 19, 39 S. E. (2d) 133 (1946). 
school district, from whatever source, 

§ 21-4207. New buildings ; repairs and additions. 

The county board of education shall approve of the construction of any new 
buildings and shall also approve of any repairs or additions to any of the 
present buildings, before any buildings shall be constructed or repairs or 
additions made. 

1944 (43) 1368. 

§21-4208. Teachers' salaries. 

The county board of education shall fix a salary schedule for all teachers 
of the several schools in Williamsburg County, such schedule to be in con- 
formity with their respective qualifications and certifications by the State 
Board of Education and it shall be unlawful for the county board of educa- 
tion to approve any school budget with salaries in excess of the salary schedule 
so fixed. 

1944 (43) 1368; 1947 (45) 171. 

354 [3SCCode] 



§21-4209 Education §21-4212 

§21-4209. Budgets. 

The trustees of each school district shall submit to the county board of 
education, on or before the 15th day of March of each year, a budget in such 
form as shall be required by the county board for the operation of the schools, 
including sums proposed to be expended for the transportation of pupils in 
their respective districts for the next fiscal year. At some time, not later 
than the 1st day of April, the board of trustees shall meet with the county 
board for the purpose of adjusting differences, if any there may be, between 
the amount of the budget proposed by the trustees and the amount which, in 
the judgment of the count}' board, is necessary for the operation of schools 
in such district, including sums proposed to be expended for the transporta- 
tion of pupils in the district for the next fiscal year. The decision of the 
county board shall be final in the determination of the budget for the opera- 
tion of each school within the county. In making such decision, the county 
board of education shall consider the average cost of operation per pupil 
within the county for the preceding fiscal year. The county board shall not 
approve a budget for the entire county in excess of the revenue herein pro- 
vided for. 

1944 (43) 1368; 1947 (45) 171. 

§ 21-4210. Claims in excess of budget. 

The county superintendent of education shall not approve for payment any 
claim in excess of that provided in the budget approved by the county board 
of education. 

1944 (43) 1368; 1947 (45) 171. 

§ 21-4211. Tuition paid when pupils attend school in other districts. 

When pupils of elementary or high school grade of any school district in 
Williamsburg County shall attend the school of another district of said county 
or the school of any district adjoining in any count)- adjacent to Williamsburg 
County, the school district to which such pupils shall go shall be entitled to 
a tuition payment for each pupil so attending equal to the per capita expendi- 
ture for operation and capital outlay of the district in which they attend, less 
the amount of aid furnished by the State and county. The county shall not 
be liable for any part of such tuition payments for elementary or high school 
pupils attending any such school, but all such tuition payments shall be direct 
obligations of the individual districts. 

1942 Code § 5666; 1938 (40) 1660. 

§ 21-4212. Levy of tax to pay such tuition charges. 

If the regular or general funds of any such school district are insufficient 
to provide such tuition, the county auditor shall levy and assess and the 
county treasurer collect a tax on all the taxable property of any such district 
sending pupils to another school district to meet and discharge any claims 
arising on account of such tuition charges. The tuition charged for pupils 
so attending such other school district or districts shall be based on the ex- 
penditures thereof for the previous year. 

1942 Code § 5666; 1938 (40) 1660. 

355 



§21-4213 Code of Laws of South Carolina §21-4215 

§ 21-4213. Tuition charges to accounts of several districts. 

The county superintendent of education shall charge the account of any 
school district transferring pupils to another district an amount sufficient to 
carry out the provisions of § 21-4211 and credit the same to the district re- 
ceiving the transferred pupils. 

1942 Code § 5666; 1938 (40) 1660. 

§ 21-4214. Levy of taxes for operation, repair, etc., of schools. 

In order to defray the cost of the operation of the schools in Williamsburg 
County, the county auditor shall levy annually upon all taxable property in 
said county a sufficient tax, not to exceed twenty-five mills, and the county 
treasurer shall collect the tax so levied, as other taxes are collected. In order 
to provide funds to defray the cost of repairing, maintaining and equipping 
the schools of said county, the county auditor shall levy annually on all tax- 
able property in Williamsburg County a tax not exceeding five mills, which 
shall likewise be collected by the county treasurer as other taxes are collected. 
The amount of the annual levy for the aforesaid purposes shall be first deter- 
mined by the county board of education which, after making its finding, shall 
certify the same to the county auditor and treasurer respectively. 

1944 (43) 1368; 1947 (45) 171. 

Constitutionality. — The authority to levy 171], was held to be a valid exercise of the 

taxes given by the terms of this section, as power contained in S. C. Const., Art. 10, 

originally enacted in the 1944 Acts [1944 § 5. Moselev v. Welch, 209 S. C. 19, 39 

(43) 1368] prior to repeal thereof [1947(45) S. E. (2d) 133 (1946). 

§ 21-4215. Borrowing generally. 

All moneys to be borrowed for school purposes in the county, whether 
in anticipation of the collection of taxes, State aid or otherwise, may be bor- 
rowed by the county board of education on notes of Williamsburg County, 
such notes to be signed by the chairman and countersigned by the clerk of 
the county board of education. Such notes so issued shall have the same 
dignity, force, value and standing as notes issued for other purposes by the 
governing body of the county. And the board may pledge all taxes levied 
for school purposes and all other revenues of the county applicable to school 
purposes for the payment of such notes. The intent of this section is to give 
the same authority to the county board of education to borrow money for 
school purposes in the county that the governing body of the county has to 
borrow money for ordinary county purposes, except that the board of educa- 
tion shall borrow no money other than funds necessary to carry out the pro- 
visions of this chapter and other applicable school laws. The powers con- 
ferred upon the county board of education by the terms of this section shall 
be construed to he in addition to its powers under the general laws of this 
State and shall be held to be cumulative in their effect and nothing herein 
contained shall be construed to prevent Williamsburg County officers from 
exercising the rights and powers set out in § 21-962. 

1944 (43) 1368; 1945 (44) 317. 

356 



§21-4216 Education §21-4231 

§ 21-4216. Refinancing school district bonds. 

The board of education of Williamsburg County may refinance any school 
district bond issue whenever in its judgment it is for the best interest of the 
school district so to do. The county board may, in refinancing any school dis- 
trict bond issue, pledge the bonds to be refinanced in obtaining the funds with 
which to refinance them. The county board shall obtain the funds from such 
source and upon such terms as it deems wise and proper. It may do anything 
necessary in making a proper and legal pledge in refinancing any school dis- 
trict bond issue or any number of the bonds at any time the same may be 
obtained. 

1942 Code § 5665; 1937 (40) 612. 

§21-4217. Gifts. 

Nothing herein contained shall be construed to prevent any school district 
from accepting for its own account any donation or gift from whatsoever 
source. 

1944 (43) 1368. 

§ 21-4218. Investment of school district sinking fund. 

Upon the written request of a majority of the trustees of any school dis- 
trict in Williamsburg Count)' and the written approval of the county board 
of education the county treasurer shall invest the sinking fund of such dis- 
trict in United States, State, county, school district or municipal bonds or 
securities or other safe securities of like kind as designated by such trustees. 
A majority of the trustees of any such school district may invest the sinking 
fund of such district in defense bonds and defense securities upon the writ- 
ten approval of the count}' legislative delegation. 

1942 (42) 1522, 1662. 

§ 21-4219. Pergamos School District No. 29 exempted. 

The portion of Williamsburg County known as Pergamos School District 
No. 29, being consolidated with Lake City School District of Florence County, 
is hereby exempt from the provisions of this article, other than §§21-4211 to 
21-4213 and 21-4216 and all taxes collected in said district shall be subject 
to withdrawal upon the warrant of the trustees of said district. 

1944 (43) 1368; 1947 (45) 171. 

Article 2. 

Trustees of Certain School Districts. 

§ 21-4231. Lenuds School District No. 4. 

On the second Tuesday in July in each odd-numbered year three school 
trustees of Lenuds School District Xo. 4, in Williamsburg County, shall be 
elected by the qualified resident electors in said school district. The county 
board of education shall provide ballots and make the necessary arrange- 
ments for holding such election on said date and shall immediately after the 
election declare the result. The three persons receiving the highest number 
of votes shall be the trustees of said Lenuds School District No. 4 and shall 

357 



§ 21-4232 Code of Laws of South Carolina § 21-4236 

serve for a term of two years and until their successors are elected and qual- 
ified. In case of any vacancy occurring on said board of trustees, the county 
board shall appoint a trustee to fill the unexpired term until his successor shall 
have been elected and qualified. 
1942 Code § S667; 1933 (38) 251. 

§ 21-4232. Hemingway School District No. 12. 

The board of trustees of Hemingway School District No. 12 in Williamsburg 
County shall consist of five members, who shall be elected by the qualified 
electors of the district at a special general election to be held on the first 
Tuesday in March of each odd year. The regular terms of the members of 
the board shall be for four years and until their successors have been elected 
and qualified, the initial terms having been two for two years, and three for 
four years. The county board of education shall give reasonable notice of 
the time, place and purpose of the election and shall prepare and provide 
ballots and boxes to be used in such elections, appoint the managers of elec- 
tion and declare the results thereof. 

1942 Code §5067-1; 1933 (38) 391; 1944 (43) 2249; 1951 (47) 260. 

§ 21-4233. Consolidated School District No. 3. 

The trustees of Consolidated School District No. 3 in Williamsburg County 
shall serve for a term of two years commencing April 26th in each odd num- 
bered year. 

1951 (47) 207. 

§ 21-4234. Greeley ville School District No. 22. 

The board of school trustees of Greeleyville School District No. 22, in 
Williamsburg County, shall be composed of five members. They shall hold 
office for a term of two years and shall be appointed under the general provi- 
sions of law relating to the appointment of boards of trustees of school dis- 
tricts in this State. 

1942 Code § 5667-4; 1932 Code § 5589; 1927 (35) 1067. 

§21-4235. Blank. 

§ 21-4236. Salters School District No. 32. 

On the second Tuesday in July in each odd-numbered year, three school 
trustees of Salters School District No. 32, in Williamsburg County, shall be 
elected by the qualified resident electors in said school district. The county 
board of education shall provide ballots and make the necessary arrangements 
for holding the election on such date and shall immediately after the election 
declare the result. The three persons receiving the highest number of votes 
are hereby declared to be the trustees and shall serve for a term of two } r ears 
and until their successors are elected and qualified. In case of a vacancy oc- 
curring in said board the county board of education shall appoint a trustee to 
fill the unexpired term until his successor shall have been elected and qualified. 

1942 Code § 5667-6; 1933 (38) 17. 

358 



§ 21-4241 Education § 21-4261 

Article 3. 
Williamsburg High School. 

§ 21-4241. School districts consolidated into "Williamsburg High School". 

The following school districts in Williamsburg County are hereby consol- 
idated into a high school district under the name of "Williamsburg High 
School", to wit : Suttons School District No. 4, Anderson School District 
No. 5, Cedar Creek School District No. 20, Taft School District No. 21, Earle 
School District No. 36, Aimwell School District No. 39, Trio School District 
No. 41, Johnson Swamp School District No. 52, Wee Tee School District No. 
59 and Andrews School District No. 12 A. Williamsburg High School Dis- 
trict shall have all of the powers and privileges now conferred by law upon 
high school districts in the State. 

1942 Code § 5668; 1937 (40) 214. 

§ 21-4242. Number of trustees. 

There shall be appointed nine trustees, one from each of the old school 
districts referred to in § 21-4241 except there shall be no appointment from 
Andrews School District No. 12 A. 

1942 Code § 5668; 1937 (40) 214. 

§ 21-4243. Appointment of trustees. 

The said trustees shall be appointed under the general provisions of law 
relating to the appointment of boards of trustees for school districts in the 
State. 
' 1942 Code § 5668; 1937 (40) 214. 

§ 21-4244. Terms of trustees ; vacancies. 

The county board of education of Williamsburg County having in the 
original appointment of trustees for Williamsburg High School appointed 
five to serve for a term of one year and four to serve for a term of two years, 
each appointment hereafter shall be for a period of five years. If a vacancy 
should occur on said board by death, resignation or otherwise, the successor 
appointed shall hold office only for the unexpired term of his predecessor. 

1942 Code § 5668; 1937 (40) 214. 

Article 4. 

Blank. 

Article 5. 

Kingstree Public School District. 

§21-4261. Established. 

The following former school districts of Williamsburg County: King No. 
7, Clarendon No. 14, Kingstree No. 16, Shaw No. 18, Cantley No. 38, Wee 
Nee No. 46, Belser Cross Roads No. 47, Carlisle No. 49, Sandy Bay No. 
55, Black River No. 56, Cades No. 25, School District No. 57 and Mt. Vernon 

359 



§ 21-4262 Code of Laws of South Carolina § 21-4266 

Xo. 58 having been consolidated into a school district known as Kingstree 
Public School District, such school district shall be a body politic and corporate 
with such government, rights, privileges and liabilities, in addition to those 
otherwise provided for school districts by the school laws of this State, as 
are herein described. 
1950 (46) 1861, 2264. 

§ 21-4262. Trustees. 

Said Kingstree Public School District shall be governed by a district 
board of trustees to be elected on the second Tuesday in April. The member- 
ship of said board as elected shall consist of three trustees from former Kings- 
tree School District No. 16 and one trustee from each of the other former 
school districts included in Kingstree Public School District. 

1950 (46) 1861, 1947. 

§21-4263. Term. 

The terms of office of the initial members of the board of trustees from the 
former Kingstree School District No. 16 having been for two, three and four 
years, respectively, and that of the initial members from the other former dis- 
tricts haying been for four years the successors to all of such members shall 
be elected for terms of four years. 

1950 (46) 1861. 

§ 21-4264. Conduct of elections. 

Any qualified elector residing in any of the aforesaid school districts shall 
be eligible to become a candidate for election to the district board of trustees 
for the district in which he resides by* notifying the superintendent of educa- 
tion of Williamsburg County not later than twelve o'clock noon on the first 
Tuesday in April in any year in which the term of a trustee from his district 
will expire, in writing, of his desire to become a candidate and the county 
superintendent of education shall forthwith cause the names of such qualified 
electors as are candidates to be placed on proper ballots for their district and 
furnished at the various voting places of such election in each district. The 
election of such trustees shall be on the second Tuesday in April in each year 
in which the term of a trustee will expire. 

1950 (46) 1861, 1947. 

§ 21-4265. Trustees appointed when no candidates qualify. 

If no candidates qualify for trusteeships the trustees shall be appointed by 
the county board of education. 

1950 (46) 1861. 

§ 21-4266. Vacancies. 

In the event of the occurrence of a vacancy on the board from any cause, 
the IVilliamsburg County board of education shall proceed to fill such vacancy 
by appointment. The appointment to fill any vacancy shall be for the un- 
expired term of the member whose office has been vacated. 

1950 (46) 1861. 

360 



§21-4267 



Education 



§21-4267 



§ 21-4267. Duties and powers of trustees. 

The powers and duties of the board of trustees shall be such as are given 
to and required of trustees of school districts, including the right and power 
to determine the number of elementary schools to be operated within the 
consolidated district, keeping in mind the best interest of the pupils of the 
elementary schools affected thereby. 

1950 (46) 1861. 



CHAPTER 61. 
York County. 



Article 1. 
General Provisions. 



Sec. 



21-4302. Use of funds received by county 
superintendent. 

21-4303. Mileage allowance to superintend- 
ent. 

21-4304. Superintendent to file quarterly re- 
ports with grand jury. 

Article 2. 
Financial Matters. 

21-4311. Reports to school districts on their 
financial condition. 

21-4312. County tax levy for school pur- 
poses. 

21-4313. Taxes in certain school districts. 

21-4314. High school tax levy. 

21-4315. Distribution of proceeds of such 
tax. 

21-4316. Eorrowing to purchase buses. 

21-4317. When board of education may sign 
vouchers. 

Article 3. 
School Trustees. 

21-4331. Qualifications of trustees. 

21-4332. Vacancies on certain boards. 

21-4333. Election of trustees to fill vacan- 
cies. 

21-4334. Advertisement required for elec- 
tion of trustees. 

21-4334.1. Conduct of elections. 

21-4335. Terms. 

21-4336. Expenses of election. 

21-4337. Removal of trustee. 

21-4338. Section 21-4337 not applicable in 
certain districts. 

Article 4. 

Trustees of Certain School Districts. 

21-4351. Bethany School District No. 2. 
21-4352. Bethel School District No. 3. 



21-4353 to 21-4355. Blank. 

21-4356. Clover Consolidated High School 
District No. 39. 

21-4357. Blank. 

21-4358. Leslie Consolidated School Dis- 
trict. 

21-4359. Ebinport Consolidated School Dis- 
trict No. 4. 

21-4360. Consolidated Sharon High School 
District. 

Article 5. 
Rock Hill School District No. 12. 

21-4381. Trustees. 

21-4382. Taxes for operation. 

21-4383. Levy, collection, lien and availabil- 
ity of such tax. 

21-4384. Enforcement and disbursement of 
such tax. 

21-4385. Borrowing in anticipation of taxes. 

Article 6. 

Fort Mill School District No. 28. 

21-4391. Trustees. 

21-4392. Special levy for school operation. 

21-4393. Levy and collection of such tax. 

Article 7. 

Clover School District No. 37. 

21-4401. General rights and powers. 
21-4402. Election of trustees. 
21-4403. Duties and powers of trustees. 
21-4404. Special tax for school purposes. 
21-4405. Levy and collection of such tax. 
21-4406. Disbursement of funds of districts. 
21-4407. Borrowing for current expenses. 
21-4408. Issue of notes for money borrowed. 

Article 8. 

York Consolidated School 
District No. 10. 

21-4411. Creation of district; general pow- 
ers. 



361 



§21-4302 Code of Laws of South Carolina §21-4311 

Sec. Sec. 

21--I412. Board of trustees; election. 21-4414. Terms of office of trustees. 

21-4413. Residence requirements for trus- 21-4415. Vacancies on board, 
tees. 21-4416. Location of facilities. 

Article 1. 
General Provisions. 



§ 21-4302. Use of funds received by county superintendent. 

All funds received by the county superintendent of education shall be used 
by him exclusively for school purposes. The funds coming into his hands 
shall, after payment of the salary of his clerk, be divided among the school 
districts according to the average school attendance, this average to be ascer- 
tained by the average attendance for the previous scholastic year. 

1942 Code § 5670-3; 1932 (37) 1294; 1934 (38) 1426. 

§ 21-4303. Mileage allowance to superintendent. 

The superintendent of education for York County shall receive in addition 
to the salary provided by law five cents for each and every mile traveled by him 
in the discharge of his duties visiting schools in the county. But in no event 
shall such sum exceed four hundred dollars in any one year. 

1942 Code §5671; 1937 (40) 70. 

§ 21-4304. Superintendent to file quarterly reports with grand jury. 

The county superintendent of education shall make a quarterly report to 
the grand jury for York County of all moneys received by him from any source 
whatsoever, including the funds received from State and county game ward- 
ens. Likewise he shall file quarterly with the grand jury an itemized state- 
ment of all funds paid out by him. 

1942 Code § 5670-4; 1932 (37) 1294. 

Article 2. 

Financial Matters. 

§ 21-4311. Reports to school districts on their financial condition. 

The county superintendent of education of York County shall furnish in 
writing to the chairman of the board of trustees of each school district in 
said county a statement of the moneys due such school district from all 
sources, including State aid, poll taxes, county levy or otherwise. Such state- 
ment shall be mailed to each of the chairmen of the boards of trustees of the 
several school districts at the beginning of each scholastic year. A like state- 
ment of the credits and also any amounts the school district may be in arrears 
shall be mailed to the chairmen of the boards of trustees of the several school 
districts at the end of each school term. Such statement shall show the amount 
the district owes in the way of bonds, notes or otherwise and to whom such 
money is owing. The county superintendent of education shall receive for 
mailing the above reports his actual expenses incurred therein, but not in 

362 



§21-4312 Education §21-4315 

excess of fifty dollars for any one year. Such amount shall be paid out of the 
fund for the board of education. 
1942 Code §5670-2; 1932 (37) 1294. 

§ 21-4312. County tax levy for school purposes. 

There is hereby levied a tax of two mills upon all the taxable property in 
York County for the purpose of supplementing teachers' salaries and paying 
operating expenses of schools in said county. Funds derived from this special 
levy shall be prorated in the same manner as the five mill tax levy. But any 
school district in said county may, with the approval, of the trustees of such 
school district and the county board of education, reduce its district levy by 
two mills. 

1942 Code § 5672; 1937 (40) 591. 

§ 21-4313. Taxes in certain school districts. 

Each year the county auditor shall, upon written instructions signed by the 
county superintendent of education and the trustees of any school district 
within the count}-, levy a tax of sufficient millage upon all taxable property 
within such district as may be necessary to provide funds for the operating 
expenses of such district and to pay any past indebtedness which may be due 
from year to year in the respective districts. The taxes so assessed and levied 
under the provisions of this section shall be collected by the county treasurer 
as other taxes are now collected and when so collected shall be placed to the 
credit of the district in which collected to be used exclusively for the purposes 
set out herein. The provisions of this section shall not apply to the special 
school districts of York, Rock Hill, Fort Mill and Clover. 

1942 Code §5672-1; 1940 (41) 1754. 

§21-4314. High school tax levy. 

There is hereby levied upon all of the taxable property of York County, an 
annual tax of five mills on the dollar, the proceeds of which are to be used 
for the purpose of helping to provide a high school education for the children 
of the county. The county auditor shall annually levy the tax so levied and 
the county treasurer shall collect the tax so levied in like manner as other 
taxes are collected. The tax herein provided is in addition to other taxes for 
school purposes on the property in said county. 

1947 (45) 198. 

§ 21-4315. Distribution of proceeds of such tax. 

The proceeds of such levy shall be distributed among the public high schools 
of York County which are controlled, supervised and administered by the 
regularly elected trustees of the school district in which the school is located 
in the same proportion that the number of children enrolled in each such high 
school in the eighth grade or above bears to the total number of children en- 
rolled in the eighth grade or above in the various public high schools of the 
county. In any school district having a regularly organized approved high 
school but so organized as to include the eighth grade in the elementary 

363 



§ 21-4316 Code of Laws of South Carolina § 21-4332 

school, the pupils in the eighth grade in such school shall for the purpose of 
this section and the distribution of funds hereunder be counted as high school 
pupils. But no school district wherein a high school is located shall receive 
an amount from such levy smaller than the amount which would be provided 
by a five mill levy upon the taxable property of such school district based upon 
the 1946 assessment in such district. 
1947 (45) 198. 

§ 21-4316. Borrowing to purchase buses. 

The county auditor shall, upon written instructions signed by the county 
superintendent of education and the trustees of any school district within the 
county, borrow money for the purpose of purchasing school busses for such 
district. Any such loan shall be evidenced by a note which shall be paid 
within four years from the date of execution and shall bear interest at the 
best prevailing rate. And the county auditor shall pledge for payment of 
such note the taxes to be collected under § 21-4313. The provisions of this 
section shall not apply to the special school districts of York, Rock Hill, Fort 
Mill and Clover. 

1942 Code § S672-1; 1940 (41) 1754. 

§ 21-4317. When board of education may sign vouchers. 

The board of education of York County shall not sign any voucher for 
the expenditure of school funds other than at a regular meeting and only 
then when an itemized statement is filed with the board previous to its meet- 
ing. 

1942 Code § 5670; 1932 (.37) 1294. 

Article 3. 
School Trustees. 

§ 21-4331. Qualifications of trustees. 

In each school district in York County there shall be three trustees, who 
shall either be patrons of the school or qualified electors in the school district. 

1942 Code § 5674; 1932 (37) 1157; 1933 (38) 161. 

§ 21-4332. Vacancies on certain boards. 

The board of education of York County may fill by appointment any 
vacancy that may hereafter occur on the boards of trustees of the various 
ordinary school districts in the county ; provided, however, that, whenever a 
majority of the qualified voters of any ordinary school district of the county 
shall, before March 15th of any year, by a written petition addressed to the 
county board of education, ask that an election be called to elect a trustee 
to fill a vacancy occurring that year on the board of trustees of such school 
district, the county board of education shall order such an election, which 
shall be held on the second Tuesday in April. 

The provisions of this section shall not apply to the special school districts 

364 



§ 21-4333 Education § 21-4335 

of the county to wit: the Fort Mill, Rock Hill, York and Clover special 
school districts. 
1945 (44) 31. 

§ 21-4333. Election of trustees to fill vacancies. 

In school districts in York County in which the members of the board 
of school trustees are elected under existing provisions of law, in the event 
that any vacancy should occur in such board it shall, unless otherwise pro- 
vided by law, be filled as provided for the election of the member for the full 
term except that the board of trustees shall give at least forty days' notice 
of the time, place and purpose of any such election in a newspaper published 
in the district in which election is to be held and, if there be no newspaper 
published in said district, then in a York County newspaper having general 
circulation in said district once a week for four weeks. The first insertion 
shall be not less than forty days prior to the date of holding the election. 

1942 Code § 5670-1; 1932 (37) 1294. 

§ 21-4334. Advertisement required for election of trustees. 

In all school districts in York County in which the county board of educa- 
tion is required to hold elections, the county board of education shall adver- 
tise the date of holding such election for a period of at least ten days before 
the election, either by posting three notices of such election in prominent 
places in the district wherein such election is to be held or by advertising 
at least three times in some newspaper published in the county having a wide 
circulation in the district wherein such election is to be held. The provisions 
of this section shall not apply to the special school districts of York, Rock 
Hill, Clover and Fort Mill in said county. 

1942 Code § 5674; 1939 (41) 165. 

§ 21-4334.1. Conduct of elections. 

Any such election shall be conducted by three managers, appointed by the 
county board of education, and the board shall make all necessary preparations 
for the holding of such election, shall hold and conduct the same and shall 
canvass the ballots and declare the results of the election to the county super- 
intendent